Tyree v. Tudor
Supreme Court of North Carolina
Appeal by defendants from Long, J., at September Term, 1921, of Eobsyth. This case was before the Court, 181 N. 0., 215, where the facts are fully stated. Bynum Tudor, son of the defendant George C. Tudor, at the time the plaintiff’s intestate was killed in the automobile wreck, was something over 16 years of age; living with. Ms father under Ms care and custody.
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Appeal by defendants from Long, J., at September Term, 1921, of Eobsyth. This case was before the Court, 181 N. 0., 215, where the facts are fully stated. Bynum Tudor, son of the defendant George C. Tudor, at the time the plaintiff’s intestate was killed in the automobile wreck, was something over 16 years of age; living with. Ms father under Ms care and custody. The father' was the owner of two automobiles, kept on his premises, and which he permitted his son to drive at his pleasure, sometimes alone and at other times with the family. On 19 June, 1918, at a dance for young people at the…
1DissentStacy, J.
There are several propositions of law, laid down in the opinion of the Court, with which I do not find myself in accord; and, hence, I am constrained to state briefly the reasons for my dissent.
At the outset it should be observed that the sufficiency of the plea of contributory negligence is challenged, for the first time, in the opinion of the Court. At no stage of the case, either here or below, has it been' questioned by any of the parties. Furthermore, giving a liberal construction to the allegations of the answer, which we are required to do under C. S., 535, 1 think the plea is fully…
2Cases cited15 opinions
- Powell v. BerrySupreme Court of Georgia · 1916
- Thompson v. Los Angeles & San Diego Beach Railway Co.California Supreme Court · 1913
- Blackmore v. . WindersSupreme Court of North Carolina · 1907
- White v. Carolina Realty Co.Supreme Court of North Carolina · 1921
- Lynn v. GoodwinCalifornia Supreme Court · 1915
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