Williamson v. Varner

RodmáN, J.

The sole question now for consideration is the correctness of the ruling nonsuiting the counterclaim of Varner. The judgment entered at the September Term on Varner’s motion dismissing plaintiff’s action against Varner did not affect Varner’s claim against plaintiff. Varner’s cause of action stated as a counterclaim remained on the docket and required a determination. G.S. 1-183.1.

Varner cannot recover from plaintiff unless plaintiff negligently caused damage to Varner’s motor vehicle. To establish negligence proximately causing damage, Varner alleged that plaintiff was operating…