Long v. . Warlick
Supreme Court of North Carolina
ActioN tried before Peebles, J., and a jury, at October Term, 1907, of Rutherford. This tvas .an action for damages for personal injuries receded by plaintiff, alleged to- have been caused by negligence of defendant in operating a motorcycle upon the streets of Eorest City. It was alleged that defendant frightened a horse driven by one Lytton, and the horse ran away and ran OAm’ plaintiff, throwing him to the ground and injuring him.
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ActioN tried before Peebles, J., and a jury, at October Term, 1907, of Rutherford. This tvas .an action for damages for personal injuries receded by plaintiff, alleged to- have been caused by negligence of defendant in operating a motorcycle upon the streets of Eorest City. It was alleged that defendant frightened a horse driven by one Lytton, and the horse ran away and ran OAm’ plaintiff, throwing him to the ground and injuring him. There was judgment against defendant for $200, and he appealed.
1Opinion of the CourtBkowN, J.
At tbe conclusion of tbe evidence tbe defendant moved to nonsuit plaintiff, upon tbe ground that there was no evidence that tbe defendant was guilty of negligence. Upon a careful review of the evidence we are of opinion that his Honor erred in declining to grant this motion.
There is nothing in the record which indicates that the use of motorcycles upon the streets of Forest City is prohibited by law, or that the defendant was operating his machine either carelessly, negligently or at an unlawful rate of speed. The defendant was not required to anticipate that the horse -would be frightened at…
2Cited by2 opinions
- Tudor v. . BowenSupreme Court of North Carolina · 1910
- Tyburszec v. HeatterSupreme Court of Connecticut · 1954