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HATCHER v. CLAYTON

No. 747.

88 S.E.2d 104 (1955)

242 N.C. 450

Garnet HATCHER v. Luther J. CLAYTON and Owen Pass.

Supreme Court of North Carolina.

June 30, 1955.

Attorney(s) appearing for the Case

Donald J. Dorey, Roxboro, Beam & Beam, Louisburg, and Gholson & Gholson, Henderson, for plaintiff, appellee.

R. B. Dawes and Davis & Davis, Roxboro, for defendant Pass, appellant.

BOBBITT, Justice.

The evidence, when considered in the light most favorable to plaintiff, was sufficient in our opinion to warrant submission thereof to the jury on the issue as to the alleged negligence of Clayton. Admittedly, Pass owned the truck operated by Clayton. Such admission was sufficient to require submission of the issue of agency to the jury. G.S. § 20-71.1; Davis v. Lawrence, N.C., 87 S.E.2d 915, and cases cited...

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