Winstead v. . Thorp

165 S.E. 331, 203 N.C. 843, 1932 N.C. LEXIS 102

Opinion

Per Curiam.

Although it appears that the truck, operated by the plaintiff, and the defendant’s automobile approached an intersection at right angles, and the truck ran into the side of the defendant’s ear, striking it with considerable force, nevertheless, on conflicting evidence, the jury has exculpated the plaintiff from blame and found the defendant guilty of negligence which resulted in the collision. A different verdict might well have been rendered. Indeed, the owner of the truck, after investigating the matter, was satisfied of bis liability, and has settled with the defendant for the injury done to bis car. But it is not pleaded that the plaintiff participated in this settlement so as to bar bis right of action. Tbe record contains no valid exceptive assignment of error.

No error.