Nettles v. Rea
Decision Date | 19 December 1930 |
Docket Number | No. 611.,611. |
Citation | 200 N.C. 44,156 S.E. 159 |
Court | North Carolina Supreme Court |
Parties | NETTLES. v. REA et al. |
Appeal from Superior Court, Buncombe County; Moore, Judge.
Action by C. B. Nettles against Richard L. Rea and another. Judgment for plaintiff, and defendants appeal.
No error.
Civil action to recover damages for an alleged personal injury, tried upon the usual issues of negligence, contributory negligence, and damages, which resulted in a verdict and judgment for the plaintiff.
The plaintiff's evidence tends to show—none was offered by the defendant—that on February 9, 1930, the defendant invited plaintiff to go with him and two young ladies from Sylva to Asheville, a distance of between fifty and sixty miles, in his new Chrysler automobile. The defendant had driven from Asheville that morning in fifty minutes, and he stated that he intended to drive back in thirty minutes. He had taken at least two drinks during the day, which fact was known to the plaintiff, as the plaintiff had been drinking with him; but the defendant showed no signs of intoxication at the time they left Sylva.
It was very cold, and at the suggestion of the defendant, the three guests sat with him on the front seat, rather than use the rumble seat.
Plain tiff testified:
The plaintiff sustained serious and permanent injuries.
Motion to nonsuit; overruled; exception.
Judgment for plaintiff. Defendant appeals.
Campbell & Sample, of Asheville, for appellants.
Ellis C. Jones and Zeb F. Curtis, ' both of Asheville,...
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Bell v. Maxwell, 245
...to leave is not negligence unless a person in the exercise of ordinary care would have done so under the circumstances." Nettles v. Rea, 200 N.C. 44, 156 S.E. 159, 160, was an action to recover damages for personal injuries tried upon the issues of negligence, contributory negligence and da......
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Norfleet v. Hall
... ... speed at which his host is driving his automobile, and to ... request him to lessen his speed, and that a failure on the ... part of such guest to discharge this duty bars his recovery ... of damages caused by the negligence of his host. King v ... Pope, 202 N.C. 554, 163 S.E. 447; Nettles v ... Rea, 200 N.C. 44, 156 S.E. 159. This principle, however, ... is not applicable to the facts shown by all the evidence in ... the instant case ... It does ... not appear from the evidence that plaintiff had an ... opportunity to discharge the duty imposed upon her by ... ...
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Samuels v. Bowers, 677
...the question was one for the jury if there was sufficient evidence offered to require submission of an issue thereon. In Nettles v. Rea, 200 N.C. 44, 156 S.E. 159, where the driver of an automobile was making 70 miles an hour on a mountain road and around curves in spite of passenger's prot......