Allen v. Brannon

When considered in relation to the pleadings and the charge, the only reasonable interpretation of the verdict is that the jury found that the collision and all resulting damages were caused by the actionable negligence of defendant and by the actionable negligence of plaintiff. Hence, the verdict supports the judgment. See Nicholson v. Dean, 267 N.C. 375, 148 S.E. 2d 247, and cases cited.

There was no objection by plaintiff to the issues as submitted. Plaintiff, by exceptions to the charge, undertakes to challenge the sufficiency of the evidence to warrant submission of the second issue.…