McGee v. Crawford
| Decision Date | 01 November 1933 |
| Docket Number | 204. |
| Citation | 171 S.E. 326,205 N.C. 318 |
| Parties | McGEE v. CRAWFORD. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Harnett County; Frizzelle, Judge.
Action by L. E. McGee, administrator of Howard McGee, deceased against W. M. Crawford. From Judgment upon the verdict for plaintiff, defendant appeals.
New trial granted.
Whether grandson who lived with and worked for grandfather was member of "family" so as to impose liability upon grandfather, under family purpose doctrine, for death caused by grandson in driving grandfather's truck for grandson's pleasure, held for jury.
The evidence tended to show that M. C. Crawford, a young man about 19 years of age, lived in the home of his grandfather the defendant, W. M. Crawford, and that on or about the 9th day of December, 1931, the said M. C. Crawford, in company with the deceased, Howard McGee, and two other young men came to Raleigh. The deceased, McGee, and the said Crawford rode around the streets of Raleigh until the show was out. Crawford said: After the wreck M. C. Crawford went to the home of a witness Stephenson to secure help. McGee was killed, and there was evidence tending to show that M. C. Crawford stated that he had dropped off to sleep and had a wreck.
The evidence further tended to show that the defendant, W. M. Crawford, was engaged in the mercantile business and was the grandfather of M. C. Crawford, the driver of the truck at the time of the killing. The evidence showed that the Ford pickup truck was used for delivering groceries and merchandise, and also for the pleasure of the family of defendant, W. M. Crawford. There was evidence that for the last three to five years M. C. Crawford stayed at the home of his grandfather and worked in the store, and that the defendant W. M. Crawford exercised control over M. C. Crawford "the same as a father to a son." There was evidence in behalf of defendant that the father and mother of M. C. Crawford were living at Erwin, Harnett county, and that he lived with his parents until 1929, when he went to work for his grandfather, that the grandfather had employed him to work in his store upon an express contract to pay a dollar a day for his services, and, in addition, to furnish board and lodging, and that the said M. C. Crawford at the time of the accident, was an employee of his grandfather, W. M. Crawford.
The defendant in apt time tendered the following issue: "Was the said M. C. Crawford...
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Piechota v. Rapp
... ... liability. See, also, Scott v. Greene, 242 Ill.App. 405; ... Jones v. Golick, 46 Nev. 10, 206 P. 679; McGee v. Crawford, ... 205 N.C. 318, 171 S.E. 326; Cole v. Wright, Tex.Civ.App., 18 ... S.W.2d 242; Adkins v. Nanney, 169 Tenn. 67, 82 S.W.2d 867; ... ...
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Dickerson v. Reynolds
...opposite direction, but the inferences to be drawn from the evidence are matters properly to be considered by the jury. McGee v. Crawford, 205 N. C. 318, 171 S. E. 326; Grier v. Woodside, 200 N. C. 759, 158 S. E. 491. It is ours only to determine whether the evidence is fit to be submitted ......
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White v. McCabe
... ... Nissen, 162 N.C. 95, 77 S.E. 1096, 1098. Nor would she ... be liable as a matter of law under the family-purpose ... doctrine. McGee v. Crawford, 205 N.C. 318, 171 S.E ... 326; Allen v. Garibaldi, supra ... It ... follows, therefore, that the judgment must be ... ...
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Dickerson v. Reynolds
...opposite direction, but the inferences to be drawn from the evidence are matters properly to be considered by the jury. McGee v. Crawford, 205 N.C. 318, 171 S.E. 326; Grier v. Woodside, 200 N.C. 759, 158 S.E. 491. It ours only to determine whether the evidence is fit to be submitted to the ......