(Download) "Ledford v. City of Winston Salem" by Supreme Court of North Carolina No. 746 * Book PDF Kindle ePub Free
eBook details
- Title: Ledford v. City of Winston Salem
- Author : Supreme Court of North Carolina No. 746
- Release Date : January 31, 1947
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Per Curiam. The scene of the present accident is the same as that appearing in the case of Dillon v. City of Winston-Salem et al., 221 N.C. 512, 20 S.E.2d 845, with full description of the location, to which reference may be had to avoid repetition. The essential and operative facts of the two cases are strikingly similar, except that in the Dillon case plaintiff's intestate was a passenger directing the operation of the automobile in which he was riding, while here plaintiff's intestate was the driver of the death car. Both cases are controlled by the same principles of law, and both were dismissed on demurrer to the, evidence in the Superior Court. The judgment in the Dillon case was affirmed on appeal, and a like result must follow here. No useful purpose would be served by detailing again a parallel state of facts. Alberty v. City of Greensboro, 219 N.C. 649, 14 S.E.2d 635. Recognizing the pertinency of the Dillon decision, the plaintiff seeks to distinguish the subject case from that one, but the controlling facts are too nearly alike to warrant a different conclusion. Of course, there are differences in detail. These, however, are unimportant. This was the result reached in the Superior Court, and we are unable to say there is reversible error in the judgment.