Dellinger v. Bridges, 173
| Decision Date | 20 March 1963 |
| Docket Number | No. 173,173 |
| Citation | 130 S.E.2d 19,259 N.C. 90 |
| Parties | Grady Roosevelt DELLINGER v. Harold Vaughn BRIDGES and Piedmont Motors, Inc., Defendants, and Aaron Hampton Cooke and Gastonia Transit Company, Additional Defendants. |
| Court | North Carolina Supreme Court |
Horace M. DuBose, III, Gastonia, for plaintiff, appellant.
Mullen, Holland & Cooke, by Philip V. Harrell, Gastonia, for Harold Vaughn Bridges and Piedmont Motors, Inc., original defendants, appellees.
No counsel for Aaron Hampton Cooke and Gastonia Transit Company, additional defendants, appellees.
Plaintiff's only assignment of error is the judgment of involuntary nonsuit.
Plaintiff's evidence shows:
A few days prior to 9 September 1960 he delivered his 1960 Mercury automobile to Piedmont for a six months checkup and to have a broken rear window replaced. Before the work was done someone in plaintiff's family called up Piedmont and asked that the automobile be returned as it was needed. When Piedmont was returning the automobile to plaintiff's home as requested, it was wrecked on its left front. After the wreck it was returned to Piedmont. He could have gotten his automobile back in its wrecked condition, but he did not want it. It would seem that the wrecked automobile was taken by Universal C.I.T. in a court proceeding.
The original defendants introduced evidence. This is a summary, except when quoted, of the testimony of Harold Vaughn Bridges, one of the original defendants, as to a collision between plaintiff's Mercury and a bus of Gastonia Transit Company driven by Aaron Hampton Cooke:
On direct examination: About 5:15 o'clock p. m. on 9 September 1960 he, an automobile mechanic working for Piedmont, was driving plaintiff's Mercury east on East Davidson Street in the city of Gastonia on his way to deliver the automobile to plaintiff's home. When he came up to the intersection of East Davidson Street with Broad Street, he stopped on his right side of the street 15 to 18 feet from the edge of Broad Street, looked south on Broad Street, and saw a bus of Gastonia Transit Company about 200 to 300 feet away down Broad Street approaching the intersection at a speed of about 15 to 20 miles an hour. He then looked north up Broad Street to see if it was clear, and when he looked back the bus was right on his side, and then there was a collision between the bus and the Mercury. After the collision the bus was straight in the street about three to five feet over on his side of the street. After the collision Cooke, the driver of the bus, told him at the scene, he didn't see him, the post between the windshield and the mirror blocked his view. In the collision the left front bumper, grille, fender, hood, and radiator of the Mercury were mashed: there was no damage to its right side or rear. There was a 'yield right of way' sign on North Broad Street.
Cross examination by plaintiff: He doesn't know whether or not the bus had a left turn signal on. He didn't look to see whether the bus was going to turn left. When he saw the bus 200 to 300 feet away from the intersection, he didn't bother to look at it anymore until a few seconds before the collision.
Cross examination by the additional defendants: He was planning to turn left to go up Broad Street. East Davidson Street is about 30 feet wide from ditch to ditch--the pavement about 20 feet wide.
Recross examination by plaintfff:
Willis Cantrell, a city policeman and a witness for the original defendants, arrived at the scene of the wreck about 15 minutes after it occurred. At that time the front end of the bus was about 50 feet from the intersecting line of North Broad Street and on the Mercury's side of the traveled portion of East Davidson Street. The Mercury was about 60 feet from the same intersecting line. He saw glass, dirt, and debris about three feet...
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