Legal Opinion

Dunlap v. Lee

Supreme Court of North Carolina

Decided June 15, 1962No. 669PublishedCited by 31 opinions

1Opinion of the CourtMooee, J.

Defendant makes five assignments of error based on fifteen exceptions. All, except formal exceptions, are to the charge.

Defendant contends that the court erred in charging that reckless driving was an element of negligence to be considered by the jury in this case. We agree.

Plaintiff alleged that defendant’s conduct violated both subsections of the reckless driving statute. G.S. 20-140. The court charged only as to subsection (b), read the subsection to the jury, and stated: “. . . (T)he plaintiff insists and contends . . . that he (defendant) violated one section of the reckless driving…

2Cases cited22 opinions

  1. Virginian Ry. Co. v. ArmentroutCourt of Appeals for the Fourth Circuit · 1948
  2. State v. . CopeSupreme Court of North Carolina · 1933
  3. Lewis v. . WatsonSupreme Court of North Carolina · 1948
  4. Kehler v. Schwenk, Pennsylvania Court of Common Pleas, Northumberland County1891
  5. Paul T. McNamara Administrator of the Estate of John Grigel, Deceased v. Ernest P. DionneCourt of Appeals for the Second Circuit · 1962

17 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Copiah Dairies, Inc. v. AddkisonMississippi Supreme Court · 1963
  2. Reeves v. HillSupreme Court of North Carolina · 1968
  3. Ingle v. Roy Stone Transfer CorporationSupreme Court of North Carolina · 1967
  4. Danner v. Mid-State Paving Co.Mississippi Supreme Court · 1965
  5. Hardee v. Charles Worth YorkSupreme Court of North Carolina · 1964

26 more not listed; retrieve them via the Exa API.

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