Weavil v. C. W. Myers Trading Post, Inc.

This is the second time this case has been before the Court. The first appeal was from a judgment sustaining a demurrer to the complaint. The judgment was reversed. Weavil v. Myers, 243 N.C. 386, 90 S.E. 2d 733.

The plaintiff has appealed a second time, and his assignments of error, except formal ones, are to the charge of the court alone.

About 7:00 p.m. on 26 November 1954, a dark night, Zachary Battle, an employee of defendant and on his employer’s business, with Eugene Davis riding with him, was driving to Winston-Salem on State Highway No. 311 at a speed of about 35 miles per hour, a truck…