State v. McIver
Supreme Court of North Carolina
Appeal by defendant from Lane, J., at the July Term, 1917, of Buncombe. The defendant is charged'with manslaughter on account of a collision on Phifer Street in Asheville between an auto-delivery wagon operated by defendant and a bicycle ridden by deceased. The defendant is a negro boy employed by M. Y. Moore & Co., of Asheville, and was in the performance of his duties with his employer at the time of the accident.
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Appeal by defendant from Lane, J., at the July Term, 1917, of Buncombe. The defendant is charged'with manslaughter on account of a collision on Phifer Street in Asheville between an auto-delivery wagon operated by defendant and a bicycle ridden by deceased. The defendant is a negro boy employed by M. Y. Moore & Co., of Asheville, and was in the performance of his duties with his employer at the time of the accident. The deceased, Percy Morris, was a white boy eleven years old. The collision occurred on 20 June, 1917. Ashland Avenue runs south from Patton Avenue for a short distance. It is…
1Opinion of the CourtAlleN, J.
There are two grounds upon which bis Honor could properly deny tbe motion for judgment of nonsuit.
Tbe first is that, according to tbe evidence for tbe State tbe defendant approached an intersecting street in tbe city of Asheville without slowing down, or giving any signal and running at thirty miles an hour, which was a violation of tbe law of tbe State (Laws 1913, cb. 107) and of tbe ordinance of tbe city, and tbe next that independent of a violation of a statute or ordinance, be was guilty of such negligence as would make him criminally liable.
Tbe principle is generally stated in tbe…
2Cases cited3 opinions
- State v. Horton.Supreme Court of North Carolina · 1905
- State v. . TankersleySupreme Court of North Carolina · 1916
- State v. Turnage.Supreme Court of North Carolina · 1905
3Cited by33 opinions
- State v. . CopeSupreme Court of North Carolina · 1933
- State v. . RountreeSupreme Court of North Carolina · 1921
- State v. . SudderthSupreme Court of North Carolina · 1922
- State v. . SatterfieldSupreme Court of North Carolina · 1930
- State v. . StansellSupreme Court of North Carolina · 1932
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