York v. . York

STACY, C. J., and WINBORNE. J., concur in dissent. This is an action for actionable negligence brought by plaintiff against defendant to recover damages. The defendant denied negligence and set up the plea of contributory negligence. The plaintiff and defendant are husband and wife, have been married to each other for 34 years and have five children.

The defendant had an engagement in Charlotte, N.C. on 3 June, 1935, about 12:30 p.m., to have a contract signed, and left Raleigh about 9 o'clock — about a half hour late — in his car taking the plaintiff, his wife, who was riding with him on the…