King v. Pope
Decision Date | 06 April 1932 |
Docket Number | 101. |
Citation | 163 S.E. 447,202 N.C. 554 |
Parties | KING v. POPE. |
Court | North Carolina Supreme Court |
Appeal from Superior Court, Wayne County; Cranmer, Judge.
Action by H. E. King against D. H. Pope. Judgment for the plaintiff and the defendant appeals.
No error.
This is an action for actionable negligence, brought by plaintiff against the defendant alleging damage. The defendant denied negligence and set up the plea of contributory negligence.
The plaintiff (Horace E. King) is a mechanical engineer, about 61 years old, and lives in Goldsboro, N.C. L. S. Hadley is a merchant and lives in Wilson, N.C. D. H. (Dave) Pope lives in Raleigh, N.C. The plaintiff, King, and Hadley were going to Winston-Salem to attend the fair and a banquet to be given by Mr. Reynolds. They were invited by Pope to go in his 77 Chrysler sedan. They arrived in Winston-Salem on Tuesday night, October 7, 1931, about dark, attended the banquet, and the next day went to the fair, and left there that evening Wednesday, October 8th, just before dark. Pope was at the wheel of the car, sitting beside him was Hadley, and plaintiff was sitting on the back seat. Plaintiff describes the wreck as follows:
Plaintiff described the serious and permanent injuries he sustained; before then he was in good condition, had no physical infirmities. "Hadn't taken a dose of medicine in 40 years and never sent for a doctor in my life for my own self." On cross-examination plaintiff testified, in part:
L. E. Hadley testified, in part:
There was evidence by several physicians and nurses as to the nature and extent of the injuries and suffering of the plaintiff.
The defendant offered no evidence. The plaintiff was a guest in defendant's automobile, sitting in the back seat. All the evidence was to the effect that defendant "was sober, in full possession of his faculties, and an experienced driver, was operating his motor vehicle along a road, with which he was thoroughly familiar."
The issues submitted to the jury, and their answers thereto, were as follows:
Judgment for plaintiff was rendered by the court below on the verdict. The defendant excepted to the judgment as signed, made numerous exceptions and assignments of error, and appealed to the Supreme Court. The material ones and necessary facts will be considered in the opinion.
Ruark & Ruark, of Raleigh, for appellant.
J. Faison Thomson, of Goldsboro, for appellee.
At the close of plaintiff's evidence and at the close of all the evidence, the defendant in the court below made motions for judgment as in case of nonsuit. C. S. § 567. The court below overruled the motions and in this we can see no error.
All the evidence was to the effect that defendant had violated certain provisions of the Motor Vehicle Uniform Act, N.C. Code, 1931 Anno. (Michie) § 2621 (45), in reference to reckless driving: Section 2621 (46), subds. a and b, restrictions as to speed; section 2621 (51) driving on right side of highway; sections 2621 (54), 2621 (55).
The court below read to the jury the sections above of the Motor Vehicle Uniform Act, which were applicable to the facts in this case. The court defined "negligence," "proximate cause," and ...
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... ... or ordinance becomes the standard of conduct or the rule of ... the prudent man. King v. Pope, 202 N.C. 554, 163 ... S.E. 447; Godfrey v. Queen City Coach Co., 201 N.C ... 264, 159 S.E. 412; Taylor v. Stewart, 172 N.C. 203, ... 90 ... ...
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... ... feasible, to quit the journey, and that his failure so to do ... is evidence of contributory negligence. These cases, ... represented by King v. Pope, 202 N.C. 554, 163 S.E ... 447; Norfleet v. Hall, 204 N.C. 573, 169 S.E. 143; ... York v. York, 212 N.C. 695, 194 S.E. 468, are not ... ...
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... ... guest has any real control over the driver, it was necessary ... to adopt a broader rule. This was first done in King v ... Pope, 202 N.C. 554, 163 S.E. 447, in which the opinion ... quoted from Huddy, Automobile Law, vol. 5-6, 9th Ed., 1931, ... at page 265, ... ...
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... ... he does not demand that the driver stop the car and let him ... out--but that this is a question for the jury. King v ... Pope, 202 N.C. 554, 163 S.E. 447; Dover v ... Archambeault, 57 Cal.App. 659, 208 P. 178; Krause v ... Hall (1928) 195 Wis. 565, 217 N.W ... ...