Siler v. Jefferson Motors, Inc.

• Citation: 164 S.E. 926,203 N.C. 841
• Decision Date: 29 June 1932
• Docket Number: 413.
• Parties: Estella SILER, Adm'x of Elmina Siler, Dec'd, v. JEFFERSON MOTORS, inc.
• Court: North Carolina Supreme Court

164 S.E. 926

203 N.C. 841

Estella SILER, Adm'x of Elmina Siler, Dec'd, v. JEFFERSON MOTORS, inc.

No. 413.

Supreme Court of North Carolina

June 29, 1932

Appeal from Superior Court, Guilford, County; Harwood, Special Judge.

The defendant is engaged in the business of selling automobiles. On March 1, 1930, a colored man named John Britton came to the place of business of defendant and requested the use of a Hudson coupé belonging to defendant. Witness for plaintiff said: "He took it out to drive it just out on the road and back *** to see how it would drive. He was going to see how it would drive to buy it. He had already made up his mind to buy it. ***"

In driving the car west on the Friendly road, the said Britton negligently struck and killed plaintiff's intestate. All the evidence tended to show that the car was in good condition, and there is no evidence to show that Britton was a careless or reckless driver. No agent of defendant was present in the car at the time of the injury.

At the conclusion of evidence for plaintiff, judgment of nonsuit was entered, and the plaintiff appealed.

Frazier & Frazier, of Greensboro, for appellant.

Sapp & Sapp, of Greensboro, for appellee.

PER CURIAM.

This case is governed and determined by the principles of law heretofore announced by this court in Holton v. Indemnity Co., 196 N.C. 348, 145 S.E. 679, and Harts v. Raney Chevrolet Co., 202 N. C.--164 S.E. 321.

Affirmed.