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S & N FREIGHT LINE, INC. v. BUNDY TRUCK LINES, INC.

No. 6810SC286.

164 S.E.2d 89 (1968)

3 N.C. App. 1

S & N FREIGHT LINE, INC. and Great American Insurance Company v. BUNDY TRUCK LINES, INC.

Court of Appeals of North Carolina.

November 13, 1968.

Attorney(s) appearing for the Case

Teague, Johnson, Patterson, Dilthey & Clay, by Grady S. Patterson, Jr., and Bob W. Bowers, Raleigh, for plaintiffs S & N Freight Line, Inc., and Great American Ins. Co.

Boyce, Lake & Burns, by G. Eugene Boyce, Raleigh, and Philip P. Godwin, Gatesville, and Gerald F. White, Elizabeth City, for defendant Bundy Truck Lines, Inc.

MORRIS, Judge.

FIRST CAUSE OF ACTION—DEFENDANT'S APPEAL

Defendant argues that the demurrer should have been sustained because by the terms of the lease agreement, specifically paragraphs 5 and 14, the truck was in the exclusive possession, control, use, and management of lessee, S & N, at the time the damage was sustained and, therefore, Bundy cannot be liable under the doctrine of imputed negligence. Defendant concedes that, for the purpose of...

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