Cox v. Hennis Freight Lines, Inc.
Supreme Court of North Carolina
Appeal by defendant from Gwyn, J., and a jury, at November Term, 1951, of YadkiN. Two consolidated civil actions arising out of a collision between two motor vehicles at a street intersection, where traffic was regulated by automatic traffic control signals.
Read the full summary
Appeal by defendant from Gwyn, J., and a jury, at November Term, 1951, of YadkiN. Two consolidated civil actions arising out of a collision between two motor vehicles at a street intersection, where traffic was regulated by automatic traffic control signals. These are the facts : 1. Rockford Street, which runs northeast and southwest, and Worth Street, which runs northwest and southeast, intersect and cross each other in a somewhat congested area in the Town of Mount Airy, North Carolina. Each street is paved, and has a width of 30 feet. 2. Traffic at the intersection is regulated by…
1Opinion of the CourtEbviN, J.
The court cannot submit a ease to the jury on a particular theory unless such theory is supported by both the pleadings and the *77evidence. Hooper v. Glenn, 230 N.C. 571, 53 S.E. 2d 843; Ewing v. Kates, 196 N.C. 354, 145 S.E. 673; Pittman v. Tobacco Growers Association, 187 N.C. 340, 121 S.E. 634; Frick Co. v. Boles, 168 N.C. 654, 84 S.E. 1017; Wilson v. Railroad, 142 N.C. 333, 55 S.E. 257. In ascertaining whether a pleading upholds a theory, the court construes the allegations of the pleading with liberality in favor of the pleader with a view to presenting the case on its real merits. G.S.…
2Cases cited83 opinions
- Butner v. SpeaseSupreme Court of North Carolina · 1940
- Byrd v. Express Co.Supreme Court of North Carolina · 1905
- Murray v. . R. R.Supreme Court of North Carolina · 1940
- Graham v. North Carolina Butane Gas Co.Supreme Court of North Carolina · 1950
- Reeves v. . StaleySupreme Court of North Carolina · 1942
78 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Cox v. Hennis Freight LinesSupreme Court of North Carolina · 1952
- Whitley v. OwensCourt of Appeals of North Carolina · 1987
- Willis v. . BranchSupreme Court of North Carolina · 1886