Zerger v. Stucky

The opinion of the court was delivered by

Price, J.:

This case arises out of an intersection collision and is an action to recover for damage to plaintiff’s automobile and for temporary loss of use thereof, all in the amount of $689.33.

The jury returned a verdict for defendant and plaintiff has appealed.

At the outset, we are confronted with defendant’s motion to dismiss the appeal because of plaintiff’s failure to comply with the provisions of G. S. 1949, 60-3311, relating to the procuring and filing of a transcript of the trial proceedings. On September 8, 1959, this motion was denied, with…