Whitaker v. Carpenter Motor Car Co.
Decision Date | 17 April 1929 |
Docket Number | 332. |
Citation | 147 S.E. 729,197 N.C. 83 |
Parties | WHITAKER v. CARPENTER MOTOR CAR CO. et al. |
Court | North Carolina Supreme Court |
Appeal from Superior Court, Durham County; Sinclair, Judge.
Action by W. B. Whitaker, Sr., against the Carpenter Motor Car Company and others. From a judgment for defendants, plaintiff appeals. New trial.
There must be causal connection between breach of statute for protection of public and injury complained of.
The plaintiff instituted an action against the defendants for damages, alleging that, while he was attempting to cross East Main street in the city of Durham, on the night of October 1 1926, he was negligently struck and injured by an automobile owned by the defendant Carpenter Motor Car Company, and operated by a young man named Ross, who was the alleged agent of said company.
There was evidence tending to show that the plaintiff was struck at a point in the business section of the city, and there was further evidence tending to show that the automobile was being operated at a speed in excess of the limit prescribed by law.
The usual issues of negligence, contributory negligence, and damages were submitted to the jury. The issue of negligence was answered in the negative. Whereupon judgment was entered that the plaintiff take nothing, from which judgment the plaintiff appealed, assigning error.
McLendon & Hedrick, of Durham, and W. Brantley Womble, of Raleigh, for appellant.
Brawley & Gantt, of Durham, for appellee Ross.
Fuller Reade & Fuller, of Durham, for appellee Motor Car Co.
The trial judge instructed the jury as follows: ...
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Cook v. Horne, 374.
...C. 647, 135 S. E. 791; Franklin v. R. R., 192 N. C. 717, 135 S. E. 874; Radford v. Young, 194 N. C. 747, 140 S. E. 806; Whitaker v. Car Co., 197 N. C. 83, 147 S. E. 729. ...
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Wolfe v. Independent Coach Line, Inc.
... ... breach thereof and the injury complained of. Whitaker v ... Car Co., 197 N.C. 83, 147 S.E. 729. There was evidence ... to support each theory, and ... ...