Newman Ex Rel. Newman v. Queen City Coach Co.

The contention that the plaintiff and the driver of the car were engaged in a joint enterprise is not sustained. “A common enterprise in riding is not enough. The circumstances must be such as to show that the plaintiff and the driver had such control over the car as to be substantially in the joint possession of it.” Charnock v. Refrigerating Co., 202 N. C., 105, 161 S. E., 707; Albritton v. Hill, 190 N. C., 429, 130 S. E., 5. Likewise the judge ruled correctly in submitting the cause to the jury. The evidence for plaintiff tended to show that, when the bus arrived at the top of the hill,…