Toler Ex Rel. Toler v. Savage
Supreme Court of North Carolina
Appeal by defendants from Ga/rr, J., at October Term, 1945, of "Wayne. Cedric Toler and Tburman Toler, both minors, by their next friend, Lloyd E. Toler, instituted actions for personal injuries against the defendants, trading as Savage Taxi. The cases were consolidated for trial by consent. On 14 January, 1944, about J :30 p.m., Cedric Toler and Thurman Toler were riding on a bicycle on Ash Street in the City of Goldsboro.
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Appeal by defendants from Ga/rr, J., at October Term, 1945, of "Wayne. Cedric Toler and Tburman Toler, both minors, by their next friend, Lloyd E. Toler, instituted actions for personal injuries against the defendants, trading as Savage Taxi. The cases were consolidated for trial by consent. On 14 January, 1944, about J :30 p.m., Cedric Toler and Thurman Toler were riding on a bicycle on Ash Street in the City of Goldsboro. There was no light on the bicycle, but Thurman Toler was holding a flashlight that reflected light in the direction they were riding. The evidence further tends to show…
1Opinion of the CourtDeNNY, J.
The appellants insist the evidence is insufficient to show that Sonny Savage was the agent, servant or employee of the defendants. Furthermore, they contend if it be conceded he was the agent, servant or employee of the defendants, the plaintiffs have failed to show that he was acting within the scope of his employment at the time they sustained their injuries. We do not so interpret the evidence. In a conversation with Mr. Lloyd Toler, Mr. H. M. Savage, one of the defendants, stated “He was sorry the accident happened, that it was his truck, and his boy, and that he had been to Adamsville to…
2Cases cited9 opinions
- Shipp Ex Rel. Shipp v. United Stage Lines, Inc.Supreme Court of North Carolina · 1926
- Hayes v. RailroadSupreme Court of North Carolina · 1906
- Comer v. Ritter Lumber Co.West Virginia Supreme Court · 1906
- Murphy v. Ludowici Gas & Oil Co.Supreme Court of Kansas · 1915
- Gillis v. Transit Corp. of NorfolkSupreme Court of North Carolina · 1927
4 more not listed; retrieve them via the Exa API.
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- State v. PalletSupreme Court of North Carolina · 1973
- Smith Ex Rel. Kirby v. HewettSupreme Court of North Carolina · 1952
- Hodges v. Malone & Co.Supreme Court of North Carolina · 1952