Furlough v. Nash County Highway Commission

142 S.E. 230, 195 N.C. 365, 1928 N.C. LEXIS 92

• Court: Supreme Court of North Carolina
• Decided: March 28, 1928
• Status: Published

Opinion

Stacy, C. J.

The tort liability of the defendant, Nello L. Teer, in failing properly to protect and direct traffic on the road in question, while under construction by him, is fully established by the decisions in Evans v. Construction Co., 194 N.C., 31, and Hughes v. Lassiter, 193 N. C., 651, 137 S. E., 806, and it would only be a matter of repetition to state again what has been so recently said in these cases.

The record is large and the case an important one to the parties, but we have found no exception of sufficient moment to warrant an extended discussion. The controversy on trial narrowed itself principally to issues of fact, determinable alone by the jury under the evidence. A careful perusal of the record leaves us with the impression that the case has been tried substantially in accord with the principles of law applicable, and that the verdict and judgment ought not to be disturbed.

The plaintiff and defendant, Nello L. Teer, each noted an appeal from the judgment of nonsuit in favor of the Atlantic Coast Line Railroad Company, but as the plaintiff has failed to prosecute her appeal from this judgment, and the defendant, Nello L. Teer, has filed no brief and assigned no error in regard to same, the motion of the defendant, Atlantic Coast Line, to dismiss said appeals must be allowed.

No error.