Hoxeng v. Thomas

Court of Appeals of North Carolina

Hoxeng v. Thomas

208 S.E.2d 703, 23 N.C. App. 332, 1974 N.C. App. LEXIS 2085

CourtCourt of Appeals of North Carolina

DecidedOctober 16, 1974

DocketNo. 7415DC518

StatusPublished

This text of 208 S.E.2d 703 (Hoxeng v. Thomas) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hoxeng v. Thomas, 208 S.E.2d 703, 23 N.C. App. 332, 1974 N.C. App. LEXIS 2085 (N.C. Ct. App. 1974).

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Opinion

MARTIN, Judge.

Plaintiff’s evidence merely tended to show that the defendant was found sitting some five to fifteen feet from the station wagon, and plaintiff had been told by defendant that there were other people in the car. There is no other evidence connecting defendant to the station wagon. The identity of the driver of an automobile may be established by circumstantial evidence, either alone or in connection with direct evidence. Morris v. Bigham, 6 N.C. App. 490, 170 S.E. 2d 534 (1969) ; King v. Bonardi, 267 [334]*334N.C. 221, 148 S.E. 2d 32 (1966) ; Drumwright v. Wood, 266 N.C. 198, 146 S.E. 2d 1 (1966).

“Inferences as to who was driving the automobile at the time of the wreck cannot rest on conjecture and surmise. Parker v. Wilson, 247 N.C. 47, 100 S.E. 2d 258; Sowers v. Marley, 235 N.C. 607, 70 S.E. 2d 670. The inferences permitted by the rule are logical inferences reasonably sustained by the evidence, when considered in the light most favorable to the plaintiff. Whitson v. Frances, 240 N.C. 733, 83 S.E. 2d 879.” Stegall v. Sledge, 247 N.C. 718, 102 S.E. 2d 115 (1958).

In determining the sufficiency of the evidence to withstand a motion for a directed verdict made by defendant, all evidence which supports plaintiff’s claim must be taken as true and considered in the light most favorable to plaintiff, giving him the benefit of every reasonable inference which may legitimately be drawn therefrom, and with contradictions, conflicts and inconsistencies being resolved in plaintiff’s favor. Ingold v. Light Co., 11 N.C. App. 253, 181 S.E. 2d 173 (1971). Plaintiff’s evidence, considered in light of the foregoing rule, does not remove the identity of the driver of the station wagon from the realm of mere conjecture.

Affirmed.

Chief Judge Brock and Judge Morris concur.

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MARTIN, Judge.

Plaintiff’s evidence merely tended to show that the defendant was found sitting some five to fifteen feet from the station wagon, and plaintiff had been told by defendant that there were other people in the car. There is no other evidence connecting defendant to the station wagon. The identity of the driver of an automobile may be established by circumstantial evidence, either alone or in connection with direct evidence. Morris v. Bigham, 6 N.C. App. 490, 170 S.E. 2d 534 (1969) ; King v. Bonardi, 267 [334]*334N.C. 221, 148 S.E. 2d 32 (1966) ; Drumwright v. Wood, 266 N.C. 198, 146 S.E. 2d 1 (1966).

“Inferences as to who was driving the automobile at the time of the wreck cannot rest on conjecture and surmise. Parker v. Wilson, 247 N.C. 47, 100 S.E. 2d 258; Sowers v. Marley, 235 N.C. 607, 70 S.E. 2d 670. The inferences permitted by the rule are logical inferences reasonably sustained by the evidence, when considered in the light most favorable to the plaintiff. Whitson v. Frances, 240 N.C. 733, 83 S.E. 2d 879.” Stegall v. Sledge, 247 N.C. 718, 102 S.E. 2d 115 (1958).

In determining the sufficiency of the evidence to withstand a motion for a directed verdict made by defendant, all evidence which supports plaintiff’s claim must be taken as true and considered in the light most favorable to plaintiff, giving him the benefit of every reasonable inference which may legitimately be drawn therefrom, and with contradictions, conflicts and inconsistencies being resolved in plaintiff’s favor. Ingold v. Light Co., 11 N.C. App. 253, 181 S.E. 2d 173 (1971). Plaintiff’s evidence, considered in light of the foregoing rule, does not remove the identity of the driver of the station wagon from the realm of mere conjecture.

Affirmed.

Chief Judge Brock and Judge Morris concur.

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208 S.E.2d 703, 23 N.C. App. 332, 1974 N.C. App. LEXIS 2085, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoxeng-v-thomas-ncctapp-1974.

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