Fleming v. Drye

Plaintiff assigns as error the failure of the court to explain to the jury the provisions of the reckless driving statute, G.S. 20-140, and on the first issue apply them to the evidence with respect to defendants’ conduct. This assignment is without merit for the simple reason that such evidence does not justify an inference of reckless driving. Furthermore, the complaint does not allege facts which, if proven, would constitute reckless driving on the part of the defendants; the allegation of reckless driving is largely a conclusion of the pleader stated in almost the exact words of the…