Wachovia Bank & Trust Co v. Atl. Greyhound Lines
| Decision Date | 15 June 1936 |
| Docket Number | No. 744.,744. |
| Court | North Carolina Supreme Court |
| Parties | WACHOVIA BANK & TRUST CO. v. ATLANTIC GREYHOUND LINES et al. |
Appeal from Superior Court, Forsyth County; Frank S. Hill, Special Judge.
Action by the Wachovia Bank & Trust Company, executor of Harry E. Nissen, deceased, against the Atlantic Greyhound lines and others. From a judgment for the plaintiff in the county court, the defendants appealed to superior court, and from a judgment of the superior court sustaining four of defendants' assignments of er-ror and remanded cause for a new trial, both parties appeal.
Affirmed on plaintiff's appeal, and defendants' appeal dismissed.
Civil action to recover damages for death of plaintiff's testator alleged to have been caused by the wrongful act, default, or neglect of the defendants.
Plaintiff's testator, Harry E. Nissen, who was chief of the fire department of the city of Winston-Salem, was killed between 2 and 3 o'clock on the morning of November 28, 1932, at a street intersection, when a bus of the defendant, Atlantic Greyhound Lines, driven by Bernie W. Phillips, collided with an automobile in which Nissen was being driven to a fire. The case was tried in the Forsyth county court and resulted in verdict and judgment for plaintiff. The defendants appealed to the superior court of Forsyth county, assigning 44 errors.
Upon hearing the appeal in the superior court, four of defendants' assignments of error were sustained, the cause remanded for a new trial, and the remaining 40 assignments of error were overruled. We are invited to review the entire judgment of the superior court, both plaintiff and defendants appealing.
Manly, Hendrcn & Womble and Par-rish & Deal, all of Winston-Salem, for plaintiff.
Hutchins & Parker, Ratcliff, Hudson & Ferrell, and James E. Gay, Jr., all of Winston-Salem, for defendants.
The trial court instructed the jury with respect to the mortuary table as follows: "So the Court instructs you, by referring to the mortuary table of the Statute, that the expectancy of a person 59 years of age would be fourteen and seven-tenths years." This was assigned as error, and the superior court sustained the exception. The ruling is supported by the decisions in Taylor v. J. A. Jones Construction Co, 193 N.C. 775, 138 S.E. 129, and Hubbard v. Southern R. Co, 203 N.C. 675, 166 S.E. 802.
The use of the mortuary table seems quite easily misunderstood. It is competent as evidence, but only "as evidence,...
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