WEATHERMAN v. WEATHERMAN

No. 458.

153 S.E.2d 860 (1967)

270 N.C. 130

W. G. H. WEATHERMAN, Administrator of the Estate of Arnold Cleveland Weatherman v. Ernestine Steelman WEATHERMAN, Administratrix of the Estate of Paul G. Weatherman.

Supreme Court of North Carolina.

April 19, 1967.


Attorney(s) appearing for the Case

Roberts, Frye & Booth, by Leslie G. Frye and Parks Roberts, Winston-Salem, for plaintiff appellant.

Womble, Carlyle, Sandridge & Rice, by H. Grady Barnhill, Jr., and David A. Irvin, Allan R. Gitter, Winston-Salem, for defendant appellee.


PLESS, Justice.

There was sufficient competent evidence to sustain the jury's finding of contributory negligence as to the plaintiff's intestate.

Summarized, the evidence tended to show that Paul had been with Arnold for several hours prior to the wreck, during which time Paul was drinking, fussing, and attempting to start a fight. He had drawn a pistol on a crowd of boys, and in going from one drive-in to another, he was driving from 60 to 65 miles per hour...

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