Fields Ex Rel. Fields v. Brown

172 S.E. 179, 205 N.C. 543, 1934 N.C. LEXIS 7

• Court: Supreme Court of North Carolina
• Decided: January 10, 1934
• Status: Published

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 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.