Tomlinson v. Sharpe
Supreme Court of North Carolina
Appeal by plaintiff from Bobbitt, J., at October Term, 1945, of "Wilices. Tbis was an action to recover damages for the burning of plaintiff’s motor truck, alleged to have been caused by the negligence of defendant’s agents and employees while acting within the scope of their employment.
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Appeal by plaintiff from Bobbitt, J., at October Term, 1945, of "Wilices. Tbis was an action to recover damages for the burning of plaintiff’s motor truck, alleged to have been caused by the negligence of defendant’s agents and employees while acting within the scope of their employment. The plaintiff offered evidence tending to show that his motor truck with a load of poultry, on 3 December, 1942, was being driven north by his two drivers, Eller and Bauguess, and that near South Boston, Virginia, about 4:30 a.m., plaintiff’s drivers saw defendant’s truck stopped on the highway and extending…
1Opinion of the Court
DeviN, J".
Tbe sole question presented is tbe propriety of tbe nonsuit. Plaintiff’s evidence tended to show tbat tbe burning of tbe truck was due to tbe action of one of defendant’s employees in dropping an unex-tinguisbed match on a gasoline-saturated mat on tbe floor of tbe cab of plaintiff’s truck. Tbe match bad been struck to light a cigarette. Tbe action of defendant’s employee according to this evidence was negligent and tbe damage to plaintiff’s truck proximately resulted therefrom. But liability therefor could not be imputed to tbe defendant, employer, unless bis employee at tbe time…
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