Hardy Ex Rel. Adams v. Tesh

The appeal presents only the question of whether “the evidence offered by [David], considered in the light most favorable to [him], was sufficient to warrant submission thereof to the jury as to the alleged actionable negligence of” Tesh. Jones v. Schaffer, 252 N.C. 368, 114 S.E. 2d 105.

David alleged that his injuries were caused by the joint and concurrent negligence of the two drivers. He alleged that Tesh drove at an excessive speed, failed to stop for a stop sign and to yield the right of way, failed to keep a proper lookout and failed to have the Pontiac automobile under proper control.…