Brewer v. . Moye

157 S.E. 871, 200 N.C. 589, 1931 N.C. LEXIS 389

• Court: Supreme Court of North Carolina
• Decided: April 8, 1931
• Status: Published

Opinion

BeogdeN, J.

The Yeneer Company offered no evidence, and it does not appear what the relationship was between the Yeneer Company and defendant, Roy Moye, who was driving the truck and trailer at the time of tbe injury complained of. It was admitted in tbe answer of defendant Veneer Company “that tbe National-Veneer Company, Inc., was to load all logs on tbe truck, or trucks, or other means of conveyance, of said Roy Moye, with tbe assistance of Roy Moye in loading said logs.” This admission was offered in evidence.

It is obvious that, if a truck and trailer operated upon a populous highway in tbe nighttime and without light, is so loaded as to allow logs or other objects placed in the truck to project beyond the line of the truck and trailer and over the highway, such loading, under the circumstances, would be a negligent act. The evidence discloses that the agents and employees of defendant Veneer Company assisted in loading the truck with knowledge that it was to be operated over and upon a populous highway and with the further knowledge that projections extending over the highway would be a present and imminent menace to travelers.

Therefore, the Court is of the opinion that the cause should have been submitted to the jury with proper instructions.

Reversed.