Barnes v. Teer

This case is reported in 218 N. C., 122. I write fully so the ease can be understood.

Appeal by defendant from Nettles, J., at July, 1940, Civil Term, of Buncombe Superior Court.

The material allegations of the complaint are as follows:

“That on or about said 21st day of January, 1939, while the plaintiff was driving his automobile in a careful and lawful manner along said highway and on the right-hand side thereof, after turning a sharp curve in said highway, the truck, hereinbefore mentioned, owned by the defendant and operated by the defendant’s agent, servant and employee, and while .acting…