55 S.E.2d 86 | N.C. | 1949
Two civil actions to recover damages allegedly sustained in, and growing out of a collision between an automobile owned by plaintiff Robert Lee Cole, operated by his wife, the plaintiff Eleanor Cole, and a truck owned by defendant and operated by its employee in the course and scope of its business, which occurred when the automobile attempted to overtake and pass the truck at the intersection of a side road into which the truck was turning, — resulting in personal injury to plaintiff Eleanor Cole, and in property loss and expense to plaintiff Robert Lee Cole, — consolidated by consent for purpose of trial.
In the trial court judgments as of nonsuit were entered upon motions of defendant, made at close of plaintiffs' evidence, and plaintiffs appeal to Supreme Court, and assign error.
While the plaintiffs allege, and offered evidence tending to show that the driver of the truck of defendant failed to observe the requirements of statute G.S.
Thus upon careful consideration thereof, the evidence shown in the record on this appeal indicates that the judgments as of nonsuit were properly entered.
Hence, the judgments are
Affirmed.