SHOE v. HOOD

No. 530.

112 S.E.2d 543 (1960)

251 N.C. 719

Ralph E. SHOE v. Roy M. HOOD and wife, Bessie C. Hood.

Supreme Court of North Carolina.

January 29, 1960.


Attorney(s) appearing for the Case

E. Johnston Irvin and John Hugh Williams, Concord, for plaintiff.

Ray Rankin and Carswell & Justice, Charlotte, for defendants.


MOORE, Justice.

Appellants assign as error the peremptory instruction contained in the following portion of the judge's charge: "It being admitted that the defendant, Bessie C. Hood, was the owner and an occupant of the automobile at the time and place in question and that it was being driven at the time by her husband with her consent for the common benefit and purpose of both, the Court instructs you that this would mean a joint enterprise of the two defendants...

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