{
  "id": 8632155,
  "name": "R. W. CHADWICK v. ELIZABETH T. O'BRYAN and ALLAN D. O'BRYAN",
  "name_abbreviation": "Chadwick v. O'Bryan",
  "decision_date": "1934-01-10",
  "docket_number": "",
  "first_page": "844",
  "last_page": "845",
  "citations": [
    {
      "type": "official",
      "cite": "205 N.C. 844"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 220,
    "char_count": 2934,
    "ocr_confidence": 0.451,
    "sha256": "aed787399e0d6fc6ad675f413392689d32691ee1e76ae9f9c3a1645752825290",
    "simhash": "1:c946247289f99b27",
    "word_count": 490
  },
  "last_updated": "2023-07-14T16:12:31.066060+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "R. W. CHADWICK v. ELIZABETH T. O\u2019BRYAN and ALLAN D. O\u2019BRYAN."
    ],
    "opinions": [
      {
        "text": "Pee Cueiam.\nThere was sufficient evidence of negligence to be submitted to tbe jury. Tbe defendant requested certain instructions, which were refused by tbe trial judge, but an examination of tbe charge discloses that tbe substance of such instructions was submitted to tbe jury. Indeed, an examination of tbe record leaves tbe impression that tbe merit of tbe controversy involved an issue of fact which has been determined adversely to tbe defendant.\nAffirmed.",
        "type": "majority",
        "author": "Pee Cueiam."
      }
    ],
    "attorneys": [
      "O. R. Wheatley for plaintiff.",
      "Julius F. Duncan for defendants."
    ],
    "corrections": "",
    "head_matter": "R. W. CHADWICK v. ELIZABETH T. O\u2019BRYAN and ALLAN D. O\u2019BRYAN.\n(Filed 10 January, 1934.)\nCivil actioN, before Grady, J., at June Term, 1933, of Oaetebet.\nIt is alleged in the complaint that the defendant, Allan D. O\u2019Bryan, was a minor living with his mother, the defendant, Elizabeth T. O\u2019Bryan, who \u201cwas the owner of an automobile, and that said automobile was obtained, kept and maintained by the said Elizabeth T. O\u2019Bryan for the comfort, pleasure and convenience of herself and her family, . . . and at tbe dates hereinafter alleged tbe said automobile was being- operated by tbe defendant, Allan D. O\u2019Bryan, with tbe knowledge, consent and special permission of bis mother, Elizabeth T. O\u2019Bryan.\u201d Tbe answer of Elizabeth T. O\u2019Bryan admitted \u201cthat this defendant, on tbe date mentioned, owned an automobile, and that her son, Allan D. O\u2019Bryan, used tbe same with her consent.\u201d Tbe evidence tended to show that on 2 January, 1932, tbe plaintiff bad driven bis horse and cart into tbe town-of Beaufort. He stopped at tbe curbing at Thomas Sadler\u2019s to deliver some borrowed clothes, and while bis cart was so standing tbe automobile of defendant, driven by her son, Allan O\u2019Bryan, collided with tbe cart, breaking tbe same to pieces and throwing tbe plaintiff to tbe ground, inflicting as tbe plaintiff contended, serious and permanent injuries.\nTbe plaintiff had no light upon bis cart and there was some contradiction in tbe evidence as to whether it was dark at tbe time. Plaintiff said that it was \u201cabout dusk or it may have been a little after sundown. ... It was just dusky a little.\u201d Another witness for plaintiff who was a merchant and waiting on customers at tbe time, said: \u201cI could see bis cart well enough. I hadn\u2019t turned on tbe lights in my store.\u201d Another witness for plaintiff testified: \u201cI judge it was a few minutes after five o\u2019clock. I could see all right.\u201d Another witness for plaintiff said: \u201cIt was not dark, . . . and I bad not put on my lights.\u201d There was evidence tending to show that tbe car was being driven at tbe rate of thirty-five or forty miles an hour, and that tbe car of defendant \u201cstopped about seventy-five to eighty yards from where tbe cart was.\u201d\nIssues of negligence, contributory negligence and damages were submitted to the jury and answered in favor of plaintiff.\nFrom judgment upon tbe verdict, awarding $3,000 damages, tbe defendant, Elizabeth O\u2019Bryan, appealed.\nO. R. Wheatley for plaintiff.\nJulius F. Duncan for defendants."
  },
  "file_name": "0844-01",
  "first_page_order": 908,
  "last_page_order": 909
}