Burkey v. Kornegay

This is an action for wrongful death. G.S. 28-173 and 174. On 26 September 1962 plaintiff’s intestate was struck by a motor vehicle owned by defendants Kornegay and operated by defendant Ginn. From the -injuries received he died “a few moments later.” The accident occurred near the center of Vernon Avenue in the City of Kinston. Deceased had walked northwardly to a point at or near the center of the avenue; Ginn was driving westwardly along the avenue.

The jury found that the death was proximately caused by the negligence of defendants, and that deceased’s negligence was a contributory cause.…