Opinion

Fields Ex Rel. Fields v. Brown

  • 205 N.C. 543
  • 172 S.E. 179
  • 1934 N.C. LEXIS 7
Court
Supreme Court of North Carolina
Filed
Jan 10, 1934
Status
Published
Author
BeogdeN
On the bench
BeogdeN
Cited by
1 cases
Authority
More cited than 45.3%

The opinion

BeogdeN, J.

The defendant, Grover 0. Brown, owned a truck. He directed his son, a boy less than sixteen years of age, to take the truck

*544

and'carry Peter Williams and Tom Davis to.Warrenton. Tbe plaintiff was riding in tbe truck as a guest. There was evidence tbat in carrying out tbe instructions of tbe father tbe son operated tbe truck in a careless and negligent manner, thereby causing tbe same to leave tbe road, turn over and inflict serious and permanent injuries upon tbe plaintiff. A witness for plaintiff testified: tbat prior to tbe injury be bad notified tbe defendant tbat bis son drove too fast. Tbe language used by this witness discloses a striking figure of speech which adds materially to tbe richness of metaphors. He said: “I told him I thought it would be better to learn one of bis girls to drive instead of letting Thurston drive, and tbat if be didn’t I thought be would have a bole cut in bis family.”

Tbe trial judge ruled correctly in submitting tbe cause to tbe jury.

Eller v. Dent,

203 N. C., 439 , 166 S. E., 330 .

There are certain exceptions to tbe charge, but they are not sustained as tbe instructions are fully warranted by tbe decisions in

Eller v. Dent, supra,

and

Dreher v. Divine,

192 N. C., 325 , 135 S. E., 29 .

No error.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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