Mason Ex Rel. Mason v. Gillikin

In Boykin v. Bennett, 253 N.C. 725, 731, 118 S.E. 2d 12, this Court, in opinion by Moore, J., held: “The violation of the racing statute, G.S. 20-141.3 (a) and (b), is negligence per se. Those who participate are on a joint venture and are encouraging and inciting each other. The primary negligence involved is the race itself. All who wilfully participate in speed competition between motor vehicles on a public highway are jointly and concurrently negligent and, if damage to one not involved in the race proximately results from it, all participants are liable, regardless of which of the racing…