Legal Opinion

Gasperson v. Rice

Supreme Court of North Carolina

Decided September 29, 1954No. 104PublishedCited by 8 opinions

1Opinion of the CourtJohnson, J.

Where jury trial is waived, the findings of fact of the trial court have the force and effect of a verdict by jury and are conclusive on appeal if there be competent evidence to support such findings. Woody v. Barnett, 239 N.C. 420, 79 S.E. 2d 789.

Tbe plaintiff’s assignments of error challenge tbe sufficiency of tbe evidence to support tbe findings and conclusion tbat tbe plaintiff was contributorily negligent.

Tbe General County Court found and concluded in substance tbat tbe plaintiff was negligent in tbat before making tbe left turn into tbe side road be did not exercise reasonable care to…

2Cases cited3 opinions

  1. Grimm v. WatsonSupreme Court of North Carolina · 1950
  2. Ervin v. Cannon Mills Co.Supreme Court of North Carolina · 1951
  3. Woody v. BarnettSupreme Court of North Carolina · 1954

3Cited by8 opinions

  1. Cowan v. Murrows Transfer, Inc.Supreme Court of North Carolina · 1964
  2. Tart v. RegisterSupreme Court of North Carolina · 1962
  3. City of Statesville v. BowlesSupreme Court of North Carolina · 1971
  4. Lowe v. FutrellSupreme Court of North Carolina · 1967
  5. McNamara v. OutlawSupreme Court of North Carolina · 1964

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