Blackwell v. Butts

CAMPBELL, Judge.

A jury trial having been waived, the findings of fact by the trial court are conclusive if supported by any competent evidence and a judgment supported by such findings will be affirmed. Piping, Inc. v. Indemnity Co., 9 N.C. App. 561, 176 S.E. 2d 835 (1970).

“Generally, in tort actions involving issues of negligence . . . the law casts upon the plaintiff the burden of showing the defendant’s negligence. ...” Jernigan v. R. R. Co., 275 N.C. 277, 167 S.E. 2d 269 (1969).

The record shows that the collision occurred in a 55 mile per hour zone.

*350The driver of plaintiff’s automobile…