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MAYBERRY v. CHARLOTTE CITY COACH LINES, INC.

No. 258.

131 S.E.2d 671 (1963)

260 N.C. 126

Floyd L. MAYBERRY, Trustee of John Franklin Mayberry, Incompetent, Plaintiff, v. CHARLOTTE CITY COACH LINES, INC., a corporation, Wayne Heath Thomas and Preston Douglas Grier, Jr., Defendants.

Supreme Court of North Carolina.

July 19, 1963.

Attorney(s) appearing for the Case

Bradley, Gebhardt, DeLaney & Millette by Ernest S. DeLaney, Jr., Charlotte, for plaintiff appellant.

Lassiter, Moore & Van Allen, by James O. Moore and John T. Allred, Charlotte, for defendant appellees.

PER CURIAM.

The actionable negligence of the defendant Grier is established by his own testimony with absolute finality. As to the defendant Thomas, the question was whether his failure to observe Grier's approach constituted negligence which was a proximate cause of the collision producing plaintiff's injuries. The answer depends upon whether, in the exercise of a proper lookout as he entered the intersection, what he could or should have seen would have

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