154 S.E. 735 | N.C. | 1930
This is an action to recover damages to the plaintiff's person and property resulting from a collision of automobiles alleged to have been caused by the negligence of the defendant. The verdict was favorable to the plaintiff, and from the judgment rendered the defendant appealed on exceptions appearing in the record.
There was evidence tending to show that the defendant owned the car, and that he and his driver operated it recklessly and wilfully while they were under the influence of intoxicating liquor.
All matters involved in the exceptions have heretofore been resolved against the defendant's contentions. Of course an execution against the person would not be allowed upon a mere finding of negligence, but as is said in Oakley v. Lasater,
The application of these principles by appropriate instructions was ample justification for the answer to the third issue relating to the defendant's condition and his reckless and wanton conduct. S. v. Trott,
The other exceptions disclose no reversible error.
No error.