Bryant v. Woodlief

DeNny,' J.

Each defendant assigns as error the refusal of the court below to sustain his motion for judgment as of nonsuit.

The appellant Woodlief insists that if he was negligent his negligence was insulated by the negligence of the defendant Ray in turning his car in front of him, and he cites in support of his position Hudson v. Transit Co., 250 N.C. 435, 108 S.E. 2d 900; Aldridge v. Hasty, 240, N.C. 353, 82 S.E. 2d 331; and Butner v. Spease, 217 N.C. 82, 6 S.E. 2d 808.

The test of whether the negligent conduct of one tort feasor is to be insulated as a matter of law by the independent act of…