Freeman v. . Dalton
Supreme Court of North Carolina
Appeal by defendant from Harcling, J., at February Term, 1922, of Forsyth. This action was brought to recover damages for injuries alleged by the plaintiff to have been caused by the negligence of the defendant', and tried in Forsyth County Court at the May Term, 1921. From the judgment of the latter court appeal was taken to Forsyth Superior Court, which affirmed the said judgment.
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Appeal by defendant from Harcling, J., at February Term, 1922, of Forsyth. This action was brought to recover damages for injuries alleged by the plaintiff to have been caused by the negligence of the defendant', and tried in Forsyth County Court at the May Term, 1921. From the judgment of the latter court appeal was taken to Forsyth Superior Court, which affirmed the said judgment. The specific allegations of the plaintiff were that in September, 1920, the plaintiff was the owner of a motorcycle, and the defendant Dalton was at that time the owner of a seven-passenger Studebaker touring ear,…
1Opinion of the Court
Walker, J.,
after stating the case: The first question is whether the learned judge was correct in charging the jury that if they found by tbe greater weight of the evidence that the defendant was the owner of the automobile which collided with the plaintiff’s motorcycle, this fact would raise a presumption that the automobile was being used in the plaintiff’s business, and in that event the burden would be on Dalton to show by the greater weight of the evidence that although he was the owner of the automobile, it was not being used in his business. This instruction placed the burden on the…
2Cases cited4 opinions
- Linville v. . NissenSupreme Court of North Carolina · 1913
- White Ex Rel. White v. HinesSupreme Court of North Carolina · 1921
- Clark v. . SweaneySupreme Court of North Carolina · 1918
- Shepard v. Telegraph Co.Supreme Court of North Carolina · 1906
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- Grier v. . GrierSupreme Court of North Carolina · 1926
- Carter v. . Motor LinesSupreme Court of North Carolina · 1947
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