Dinkins v. Carlton

The only assignments of error are based on defendant’s exceptions to the overruling of his motions for judgment of nonsuit.

There was plenary evidence as to defendant’s actionable negligence. While defendant, in his answers, denied plaintiffs’ allegations as to his negligence, he now asserts the evidence discloses he was so incapacitated or reckless by reason of intoxication that Cranfill and Williams were contributorily negligent as a matter of law in riding with him when they knew or should have known it was hazardous to do so.

Defendant, in his brief, states this one question is presented,…