University Motors, Inc. v. Durham Coca-Cola Bottling Co.

Plaintiff’s appeal presents these questions: (1) Did the court err in denying plaintiff’s motion to nonsuit corporate defendant’s counterclaim? (2) Did the court err in denying plaintiff’s motion to strike defendants’ first further answer and defense? (3) Did the court err in denying plaintiff’s motion to strike the testimony quoted in our preliminary statement relating to payments made to plaintiff by its collision insurance carrier?

There is ample evidence that the collision and resulting damage were proximately caused by Goodwin’s negligence. Plaintiff contends that defendants’ evidence…