Taylor v. . Caudle

185 S.E. 446, 210 N.C. 60, 1936 N.C. LEXIS 16

• Court: Supreme Court of North Carolina
• Decided: April 29, 1936
• Status: Published

Opinion

Stacy, C. J.

The liability of the owner of the car is predicated upon his alleged negligence in intrusting his automobile to a reckless and incompetent driver, one given to habitual and excessive use of liquor, and known to be irresponsible or untrustworthy. Eller v. Dent, 203 N. C., 439, 166 S. E., 330; Robertson v. Aldridge, 185 N. C., 292, 116 S. E., 742; Tyree v. Tudor, 183 N. C., 340, 111 S. E., 714; Elliott v. Harding, 107 Ohio St., 501, 140 N. E., 338; 36 A. L. R., 1128. There was ample evidence to support this allegation.

While it would seem the jury might .well have answered the issue of contributory negligence in favor of the defendant, in view of the evidence tending to show plaintiff’s intestate’s knowledge of Byrum’s general reputation and character as a reckless and unsafe driver, still there is evidence to the contrary, and the issue was one for the twelve. Lincoln v. R. R., 207 N. C., 787, 178 S. E., 601.

The record presents no exceptive assignment of error upon which a new trial could be awarded, hence the result will not be disturbed.

No error.