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LEMONS v. VAUGHN

No. 670.

120 S.E.2d 527 (1961)

255 N.C. 186

Roger E. LEMONS, by and through his Next Friend, Eugene Ruffin Lemons v. George E. VAUGHN. George E. VAUGHN, Sr., v. Eugene Ruffin LEMONS.

Supreme Court of North Carolina.

June 16, 1961.

Attorney(s) appearing for the Case

Brown, Scurry, McMichael & Griffin, Reidsville, for George E. Vaughn, appellant.

Price & Osborne, Leaksville, Smith, Moore, Smith, Schell & Hunter, Greensboro, James M. Farris, Leaksville, for Roger E. Lemons and Eugene Ruffin Lemons, appellees.

HIGGINS, Justice.

The pleadings raise issues whether the accident and injury were caused by (1) the sole negligence of Vaughn, (2) the sole negligence of Roger E. Lemons, (3) the concurrent negligence of both. By dismissing Vaughn's claim and counterclaim the court held the evidence insufficient to go to the jury on (2). The effect of the court's ruling was that, in no event, could Vaughn recover. Of course, if the evidence was insufficient on (2) the ruling was correct...

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