DINKINS v. CARLTON

No. 378.

120 S.E.2d 543 (1961)

255 N.C. 137

Hugh DINKINS, Administrator of the Estate of James Lloyd Cranfill, v. William Grady CARLTON. James Wesley WILLIAMS, by His Next Friend, Betty Williams, v. William Grady CARLTON.

Supreme Court of North Carolina.

June 16, 1961.


Attorney(s) appearing for the Case

Walter Zachary, Yadkinville, and Womble, Carlyle, Sandridge & Rice, Winston-Salem, for defendant-appellant.

H. Smith Williams, Yadkinville, and R. Lewis Alexander, Elkin, for plaintiffs-appellees.


BOBBITT, Justice.

The only assignments of error are based on defendant's exceptions to the overruling of his motions for judgment of nonsuit.

There was plenary evidence as to defendant's actionable negligence. While defendant, in his answers, denied plaintiff's allegations as to his negligence, he now asserts the evidence discloses he was so incapacitated or reckless by reason of intoxication that Cranfill and Williams were contributorily negligent as a matter...

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