Sue Lee Parks Ex Rel. Garcia v. Washington

Defendants’ assignments of error are directed to (a) the admission of asserted incompetent and prejudicial evidence, and (b) the asserted insufficiency of the charge directed to the issues of damages.

The asserted incompetent evidence was directed to plaintiffs’ allegation that Washington operated his motor vehicle “while under the influence of intoxicating liquor, in direct violation of North Carolina General Statutes, Sec. 20-138.” At the time of the collision both motor vehicles were traveling in the direction of Charlotte and away from Monroe. Plaintiffs were, without objection, permitted…