Scott v. Clark
Supreme Court of North Carolina
Appeal by plaintiff from McKinnon, J., June 1963 Session of ■Chatham. Civil action -to ¡recover damages for the alleged wrongful death of plaintiff’s testate.
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Appeal by plaintiff from McKinnon, J., June 1963 Session of ■Chatham. Civil action -to ¡recover damages for the alleged wrongful death of plaintiff’s testate. G.S. 28-173. Plaintiff’s testate, W. H. Scott, met his death on 29 June 1961 at about 3:45 p.m. as a result ¡of a collision of mo tor vehicles, when a 1950 Chevrolet pickup truck operated by William Thomas Clark in an easterly direction on U. S. Highway 64, a (two-lane highway, about 1300 feet east of its intersection with N. C. Highway 55 in Wake County, crossed to its left of the white center line on the highway and its left front…
1Opinion of the CourtParker, J.
The court charged the jury in part as follows:
“The plaintiff further alleged that .the defendants did drive the pickup on .the ¡highway while the steering gear thereof was in. a worn -and defective condition and did 'operate with tires that were old, worn and defective and unsafe.
“ ('As to those last two specifications of negligence, gentlemen, with respect to operating with defective steering gear and operating with defective, worn and unsafe tires, I instruct you that there is not here sufficient evidence of any defect of steering condition or of tires existing prior to the accident and…
2Cases cited7 opinions
- Klein v. BeetenWisconsin Supreme Court · 1919
- Seligman v. HammondWisconsin Supreme Court · 1931
- Delair v. McAdooSupreme Court of Pennsylvania · 1936
- Zarrillo. v. StoneMassachusetts Supreme Judicial Court · 1945
- Dostie v. Lewiston Crushed Stone Co.Supreme Judicial Court of Maine · 1939
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Dupree v. BattsSupreme Court of North Carolina · 1969
- Prevette v. BullisCourt of Appeals of North Carolina · 1971
- Millers Mutual Insurance Association of Illinois v. Southern Railway Corporation, Millers Mutual Insurance Association of Illinois v. Central Soya CompanyCourt of Appeals for the Fourth Circuit · 1973
- Thomas v. DeloatchCourt of Appeals of North Carolina · 1980
- Millers Mutual Ins. v. Southern Railway Corp.Court of Appeals for the Fourth Circuit · 1973