Maness ex rel. Maness v. Bullins

BROCK, Judge.

This same case was before this Court in the Spring Session of 1971, at that time a new trial was awarded upon plaintiffs’ appeal. Maness v. Bullins, 11 N.C. App. 567, 181 S.E. 2d 750, certiorari denied 279 N.C. 395. The crux of this controversy revolves around the question of plaintiffs’ contributory negligence. The evidence tends to show that defendant was operating the motor vehicle while under the influence of intoxicating beverage. Also, there is evidence which tends to show that plaintiff knew or should have known that defendant was under the influence.

After the jury had…