{ "id": 8622927, "name": "EDWIN W. CARRIGAN, Plaintiff, v. JOHN CHARLES DOVER, and PAUL L. YOUNT, trading under the name and style of YOUNT REEP MOTOR COMPANY, Defendants", "name_abbreviation": "Carrigan v. Dover", "decision_date": "1959-11-04", "docket_number": "", "first_page": "97", "last_page": "104", "citations": [ { "type": "official", "cite": "251 N.C. 97" } ], "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": [ { "cite": "92 S.E. 2d 459", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "244 N.C. 65", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 2219589 ], "opinion_index": 0, "case_paths": [ "/nc/244/0065-01" ] }, { "cite": "150 S.E. 873", "category": "reporters:state_regional", "reporter": "S.E.", "opinion_index": 0 }, { "cite": "198 N.C. 142", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8600551 ], "opinion_index": 0, "case_paths": [ "/nc/198/0142-01" ] }, { "cite": "177 S.E. 170", "category": "reporters:state_regional", "reporter": "S.E.", "opinion_index": 0 }, { "cite": "207 N.C. 378", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8626193 ], "opinion_index": 0, "case_paths": [ "/nc/207/0378-01" ] }, { "cite": "3 S.E. 2d 310", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "216 N.C. 79", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8595172 ], "opinion_index": 0, "case_paths": [ "/nc/216/0079-01" ] }, { "cite": "36 S.E. 2d 263", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "225 N.C. 668", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8616308 ], "opinion_index": 0, "case_paths": [ "/nc/225/0668-01" ] }, { "cite": "31 N.E. 2d 501", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "284 N.Y. 392", "category": "reporters:state", "reporter": "N.Y.", "case_ids": [ 2043901 ], "opinion_index": 0, "case_paths": [ "/ny/284/0392-01" ] }, { "cite": "178 S.E. 231", "category": "reporters:state_regional", "reporter": "S.E.", "opinion_index": 0 }, { "cite": "207 N.C. 553", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8627302, 8627271 ], "opinion_index": 0, "case_paths": [ "/nc/207/0553-02", "/nc/207/0553-01" ] }, { "cite": "23 S.E. 2d 330", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "222 N.C. 375", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8630446 ], "opinion_index": 0, "case_paths": [ "/nc/222/0375-01" ] }, { "cite": "64 S.E. 2d 276", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "233 N.C. 377", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8608425 ], "opinion_index": 0, "case_paths": [ "/nc/233/0377-01" ] }, { "cite": "90 S.E. 2d 733", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "243 N.C. 386", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8625135 ], "opinion_index": 0, "case_paths": [ "/nc/243/0386-01" ] }, { "cite": "98 S.E. 2d 19", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "246 N.C. 247", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8625807 ], "opinion_index": 0, "case_paths": [ "/nc/246/0247-01" ] }, { "cite": "105 S.E. 2d 108", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "249 N.C. 1", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8606011 ], "opinion_index": 0, "case_paths": [ "/nc/249/0001-01" ] }, { "cite": "110 S.E. 2d 306", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "250 N.C. 665", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8625705 ], "opinion_index": 0, "case_paths": [ "/nc/250/0665-01" ] }, { "cite": "198 S.E. 637", "category": "reporters:state_regional", "reporter": "S.E.", "opinion_index": 0 }, { "cite": "214 N.C. 188", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8629367 ], "opinion_index": 0, "case_paths": [ "/nc/214/0188-01" ] }, { "cite": "78 S.E. 2d 749", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "238 N.C. 648", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8615401 ], "opinion_index": 0, "case_paths": [ "/nc/238/0648-01" ] }, { "cite": "47 S.E. 2d 251", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "228 N.C. 778", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8628569 ], "opinion_index": 0, "case_paths": [ "/nc/228/0778-01" ] }, { "cite": "150 S.E. 184", "category": "reporters:state_regional", "reporter": "S.E.", "opinion_index": 0 }, { "cite": "197 N.C. 628", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8630784 ], "opinion_index": 0, "case_paths": [ "/nc/197/0628-01" ] } ], "analysis": { "cardinality": 920, "char_count": 20950, "ocr_confidence": 0.48, "pagerank": { "raw": 2.534259454968209e-07, "percentile": 0.8127746057781747 }, "sha256": "28a04552a9ebc98621d54f2f99724fb5f2c90b029409cc0be634555aef272493", "simhash": "1:3164f0d8070cd53f", "word_count": 3547 }, "last_updated": "2023-07-14T17:26:21.126874+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Higgins, J., not sitting." ], "parties": [ "EDWIN W. CARRIGAN, Plaintiff, v. JOHN CHARLES DOVER, and PAUL L. YOUNT, trading under the name and style of YOUNT REEP MOTOR COMPANY, Defendants." ], "opinions": [ { "text": "\u25a0Parker,. J.-.\nPlaintiff -and defendants offered evidence. Defendants assign, as error the denial by the trial court of their motion for. judgment of nonsuit made at the close-of all -the evidence. Defendants\u2019 contention in their brief on this assignment of error is that plaintiff was guilty of. contributory negligence as a matter of-law. v Plaintiff !s evidence shows the following facts:\n' About 3:00 -a.m. on 26 January 1958 plaintiff was driving -a 1956 Ford automobile, which was in good operating condition, in a northerly direction along Independence Boulevard in the city of Charlotte. It was a dark might, the.weather was dry, and there was no moon. Independence Boulevard is a paved highway about 60 feet wide with three lanes for traffic going north and three lanes for traffic going south; On this occasion there was a black or white line \u2014 the evidence differs, as to the color of the. line \u2014 on the middle of the Boulevard separating the north lanes from, the south lanes.\nThe collision in which plaintiff was injured occurred on Independence Boulevard between the intersection of Elizabeth Street and..Independence Boulevard and the intersection of Fifth Street \u2022 and. .Independence Boulevard. The distance between these two intersections is 385 feet. The parties stipulated in open court that the legal speed limit at the time and place where the collision occurred was 3.5: .miles an hour. ' '\nWhen plaintiff reached the intersection of Elizabeth Street1 land Independence Boulevard, he was driving between 20 and 30 miles an hour in the lane of travel next to the white or black line in' the middle of Independence Boulevard. Just before-he'drove across - the -inter-' section, he -saw an automobile about 50 feet ahead travelling on Independence Boulevard in the same direction he -was going and at a -slightly lower speed than he was. About 220 feet from the 'intersection plaintiff had just passed through, Independence Boulevard'makes a slight turn to the left. When the automobile- in front approached thi\u00e1 slight turn, -it gave a signal by blinker for making a left turn. Wh\u00e9re4 upon, plaintiff proceeded to change lanes by moving from- the' -la\u00f1\u00e9 he was driving in to the center -lane. Plaintiff testified: \u201cJust \u00e1s I got into the center lane, this big, -dark object appeared'in front of me. :I estimate it was -sitting out three feet into the center lane. The background for that object was a vacant' house.'There was ho light in there. The darkness blended together. By that time I was, I guessj twenty-five feet from the truck, and I had no time to apply my brakes or turn. I attempted to take my foot off, but I was On it and run into the right side, the right -side of my car side-swiped the truck. . . . The tractor-trailer -or a part of it was sitting in the middle lane of the three northbound lanes ... I was approximately around forty feet I estimate from the tractor-trailer when I changed lanes. I did not -see it at 'the moment I started to change lanes. The house that. I stated a minute ago was beyond the tractor-trailer i-s right, you can see it behind the sign there, the Toddle House sign. 1-t is a vacant house and.is. still there. It was dark on this occasion. The tractor-trailer on this occasion was a dark color. The tractor-trailer had no lights burning on it. There were no other warning, signals such -as flares out \"-there. There was -a street light on the corner. The street light in the picture is at Fifth Street, and there is one on Independence Boulevard.-It did not make an area of broad daylight.\u201d-The-Ford automobile was demolished, plaintiff was knocked unconscious,., and injured. .\nThe automobile plaintiff was following was between him-and the tractor-trailer, .when it signalled for -a left turn. The front' Automobile partially kept plaintiff from seeing the tractor-trailer. He did not see the tractor-trailer, when he started to change lanes.\nPlaintiff\u2019s testimony on cross-examination was to this effect. The automobile in front of him was about five feet high. There were street lights along the Boulevard. The Toddle House was open the night of the collision. They have lights inside the Toddle House. A sign in front of the Toddle House says \u201cToddle House.\u201d He did not recall whether this sign was burning at the time: this sign is not designed to put out light. There was a sign that said \u201cNo Parking, Stopping or Standing\u201d where the tractor-trailer was parked. He was 35 feet from the tractor-trailer when he saw it. From the time he saw it until the collision there was such a short time he was unable to do anything. He tried to turn, and did not make it.\nT. H. Cooper, a police officer of Charlotte and witness for plaintiff, arrived at the scene shortly after the collision, about 3:18 a.m. When he arrived, the rear end of the tractor-trailer was from two to three feet from the curb, the front end just slightly a few inches closer than the rear wheels, and twelve to eighteen inches of the tractor-trailer was in the middle lane for traffic. Cooper testified: \u201cOn the east side of Independence Boulevard for northbound traffic there is no parking. I do not know the complete wording of the signs at the Toddle House at the time of the accident, but there was a no parking sign there . . . there was no parking at that time.\u201d Cooper testified on cross-examination to the effect that at the time Independence Boulevard was better lighted than other Charlotte streets.\nDefendant Dover was driver of the tractor-trailer. Defendant Yount was the owner of the tractor-trailer. Defendants in their joint answer admit that at the time and place defendant Dover was an agent of defendant Yount, and was operating the tractor-trailer at the time with the knowledge, permission and consent of Yount, and within the scope of his employment and in furtherance of his employer\u2019s business.\nPlaintiff pleaded and introduced in evidence the following two ordinances of the city of Charlotte:\n\u201cSTOPPING, STANDING, AND PARKING Section 28. PARKING PROHIBITED ON ANY STREETS WHEN SIGNS POSTED.\n(a) When signs prohibiting parking are erected on any streets no person shall park a vehicle in any such designated place. \u201cSection 36. STANDING OR PARKING CLOSE TO CURB. No person shall stand or park a vehicle in a roadway other than parallel with the edge of the roadway, headed in the direction of traffic, and with the curb side wheels of the vehicle within 12 inches of the edge of the roadway. . . .\u201d\nB. A. Corbett, Jr., an employee of the Traffic Engineering Department of the city of Charlotte and a witness for the defendants, testified 1: \u201cIn January 1958, on the east side of Independence Boulevard there were four \u2018No Parking, Stopping or Standing\u2019 signs, there were four of them placed along the east side between Elizabeth and Fifth Streets.\u201d He testified on cross-examination in respect to these four signs: \u201cThese signs were put up by my department, the Traffic Engineering Department. That is, by the city of Charlotte pursuant to the ordinances.\u201d\nDefendant Dover testified on direct examination: \u201cThe back of the trailer measured approximately eleven feet four inches from the ground. . . . When I stopped, the tractor was just north of the Toddle House, and I suppose the trailer was in the vicinity of the door of the Toddle House. By, in the vicinity, I mean opposite the door of the Toddle House. ... I know the width of my trailer. It is 96 inches.\u201d He testified on cross-examination: \u201cI saw the sign on the telephone pole right in front of my vehicle that said \u2018No Parking.\u2019 I was aware that I was violating that regulation. Nevertheless, in spite of that, I proceeded to park there, and went across the street. . . . My vehicle had probably been sitting there some twenty-five minutes in that no parking area before the collision.\u201d Dover had gone across the highway to eat breakfast, as he had not eaten for about ten hours.\nAccording to defendants\u2019 evidence the lanes for northbound traffic had the following widths: The lane next to the white or black line on the middle of the Boulevard dividing the north and south lanes eleven feet, the middle lane twelve feet, the lane next to the curb, ten feet.\nNegligence on the part of the defendants is manifest on the record. Defendants in their brief make no contention to the contrary, but argue that plaintiff should have been nonsuited for the reason that he was guilty of contributory negligence as a matter of law.\nA serious and troublesome question is continually arising as to how far a court will go in declaring certain conduct of a plaintiff contributory negligence, and take away the question of contributory negligence from the jury. Moseley v. R. R., 197 N.C. 628 (635), 150 S.E. 184 (188).\nThere are two lines of decisions in our Reports involving highway accidents which turn on the question of contributory negligence. In Tyson v. Ford, 228 N.C. 778, 47 S.E. 2d 251, and in McClamrock v. Packing Co., 238 N.C. 648, 78 S.E. 2d 749, will be found a list of eases of this type in which contributory negligence was held as a matter of law to bar recovery, and a second list in which contributory negligence ha\u00ae been held to be 'an issue for a jury.\nWithout.attempting to analyze and distinguish the reasons underlying the decisions in those oases, they illustrate the fact that frequently the point of decision was affected by concurrent circumstances, such as fog, rain, glaring headlights and color of vehicles, etc., and that these conditions must be taken into consideration in determining the question of contributory negligence and proximate cause. \u201cPractically every case must \u2018stand on its own bottom.\u2019 \u201d Cole v. Koonce. 214 N.C. 188, 198 S.E. 637.\nA motion for judgment of nonsuit on the ground of contributory negligence will be granted only when plaintiff\u2019s own evidence establishes the facts necessary to show contributory negligence so clearly that no other conclusion can be reasonably drawn therefrom. Johnson v. Thompson, 250 N.C. 665, 110 S.E. 2d 306; Tew v. Runnels, 249 N.C. 1, 105 S.E. 2d 108; Keener v. Beal, 246 N.C. 247, 98 S.E. 2d 19.\nIt is a well settled principle of law that plaintiff was not bound to anticipate negligent acts or omissions on the part of others; but, in the absence of anything which gives, or should give notice to the contrary, he was entitled to assume and to act upon the assumption that every other person will perform his duty and obey the law and that he will not be exposed to danger which can come to him only from the violation of duty or law by such other person. Weavil v. Myers, 243 N.C. 386, 90 S.E. 2d 733, and the oases there cited.\nThe law charges a nocturnal motorist, as it does every other person, with the duty of exercising ordinary care for his own safety. Chaffin v. Brame, 233 N.C. 377, 64 S.E. 2d 276. In Wall v. Bain, 222 N.C. 375, 23 S.E. 2d 330, this Court -said: \u201cIt is the duty of the driver of a motor vehicle not merely to look, but to keep an outlook in the direction of travel; and he is held to the duty of seeing what he ought to have seen:\u201d\nPlaintiff\u2019s evidence tended to show he was driving at night at \u00e1 speed of between 20 and: 30 miles an hour, where the legal speed limit was 35 miles an hour. That he was travelling about 50 feet behind an automobile, which partially kept him from seeing th\u00e9 tractor-trailer. That about 220, feet from the intersection of Elizabeth Street and Independence Boulevard, the Boulevard makes a slight turn to the left. That when the front automobile signalled for a left turn, plaintiff proceeded to'go into the middle lane for traffic with the tractor-trail\u00e9r then about 40 feet in front of him. That he was 25 or 85 feet from it, when he saw it. That the tractor-trailer was a dark color-, and h\u00e1d no lights burning on it. It had no warning signals, such as flares. The background for the tractor-trailer was a vacant house, dark' at the time. That the darkness blended together. That the Toddle House was open the night of the collision. They have lights inside it. That the tractor-trailer was parked on the Boulevard .with part of its rear extending some three feet into the center lane for traffic in violation of the ordinances of the city of Charlotte. That in thA block where-the collision occurred were signs reading \u201cNo Parking, Stopping or Standing\u201d placed there by the city of Charlotte, pursuant to. its ordinances. That there was- a street light at Fifth Street and one on the Boulevard. It did not make an-area of broad daylight. That.the boulevard was better lighted than oth\u00e9r Charlotte streets. \u2022In our Opinion, - opposing inferences are .permissible' from plaintiff\u2019s proof as to whether or not he ought to have seen'in the exercise of ordinary care for his own -safety the tractor-trailer in time to have avoided ranking'into it, and \u00bfs to whether or not he used ordinary care in the Interest of his own -safety, - and-therefore, the case-was properly submitted to the jury.-- . \u25a0 -\n\u2018Defendants assign as error the failure of the court.to peremptorily \u2022instruct.the jury, -a-s requested by them in a .special prayer'for instructions aptly tendered, to answer Yes the issue as to contributory negligence of plaintiff.'For the.reasons stated .above, the.court was correct\" in. declining to give this special prayer, for instruction. .\n\"The cases \u00a1relied on by defendants are\" factually .distinguishable.\n'; Dr: Chalmers R. Carr, stipulated by the defendants to be. an expert witness'specializing in the field of \u2022 orthopedic surgery-, testified for-plaintiff. He testified -as follows: \u201cNine months after the injury my pictures do not -show any post-degenerative changes in the wrist leading to traumatic arthritis with respect to -this man. Another six or eight months have passed. I don\u2019t know whether he has. it- today or not because I don\u2019t have any current pictures, but from examination of the wrist, I would be of the opinion that the likelihood is \u2014 it is \u2014 very .small, there is a possibility.\u201d Defendants objected to \u201cpossibilities.\u201d The objection was overruled, defendants excepted, and assign this as error. On cross-examination Dr. Carr testified: \u201cIn my testimony I said there was one possibility, and I am not saying that it is a probability in this particular man.\u201d \u2022\u2022- . '\nIn Gaffney v. Phelps, 207 N.C. 553, 178 S.E. 231, Dr. Martin, from the question asked him, said: \u201cThat would be hard to answer. . . . There is no way for me to say positively that'she would have -trouble or not, but there is a possibility that she would.\u201d This Court said: \u201cIf there was error, we do not think it prejudicial. The defendant All-red, on recross-examination, brought out the fact: \u2018The pelvis itself is normal in size.\u2019 \u201d\nIf there was error in overruling defendants\u2019 objection to Dr. Carr\u2019s statement \u201cthere is a possibility,\u201d it is, in our opinion, not sufficiently prejudicial to justify a new trial.\nDefendants assign as error the part of the charge to this effect: If the jury finds from the evidence and by its greater weight, the burden of proof being on the plaintiff to so show, that defendant Dover negligently parked the tractor-trailer in violation of the city ordinances, and that such negligence was a proximate cause of the collision and resulting injuries to plaintiff, then the jury should answer the first issue Yes, otherwise No. Defendants\u2019 contention is that while a violation of a statute designed for the protection and safety of others is negligence per se, the ordinances of the city of Charlotte introduced in evidence by plaintiff are not safety ordinances. There is no error in this part of the charge.\nThe two ordinances of the city of Charlotte introduced in evidence by the plaintiff are traffic ordinances patently enacted in the interests of public safety, and to promote the orderly and safe flow of traffic. \u201cIn a broad sense, then, the stopping of vehicles on the streets, including parking, is a part of traffic itself.\u201d People v. Rubin, 284 N.Y. 392, 31 N.E. 2d 501. A violation of these ordinances is negligence per se. Morgan v. Coach Co., 225 N.C. 668, 36 S.E. 2d 263; White v. R. R., 216 N.C. 79, 3 S.E. 2d 310; Gaffney v. Phelps, supra; Jones v. Bagwell, 207 N.C. 378, 177 S.E. 170; Hendrix v. R. R., 198 N.C. 142, 150 S.E. 873. However, \u201cit is a fundamental principle that the only negligence of legal importance is negligence which proximately causes or contributes to the injury under judicial investigation.\u201d McNair v. Richardson, 244 N.C. 65, 92 S.E. 2d 459.\nAll the other assignments of error, except formal ones, are to the charge of the court, failure to charge, and failure to give defendants\u2019 special prayers for instructions as tendered. We have read the charge of the court with care, and read and considered the brief of defendants. We cannot say on the record that taking the charge as a whole, there was prejudicial error that would warrant a new trial, or that prejudicial error is shown in failure to charge. One part of the charge is too favorable to the defendants.\nAll defendants\u2019 assignments of error are overruled.\nNo error.\nHiggins, J., not sitting.", "type": "majority", "author": "\u25a0Parker,. J.-." } ], "attorneys": [ "\"''Bailey & Booe for plaintiff,' appellee.", "Kennedy, Covington, Lobdell \u25a0& Hickman for defendants', appellants." ], "corrections": "", "head_matter": "EDWIN W. CARRIGAN, Plaintiff, v. JOHN CHARLES DOVER, and PAUL L. YOUNT, trading under the name and style of YOUNT REEP MOTOR COMPANY, Defendants.\n(Filed 4 November, 1959.)\n1. Automobiles \u00a7 42a\u2014\nWhether nonsuit on the ground of contributory negligence of plaintiff motorist should be granted or whether the issue should be submitted to the jury must be determined in accordance with the facts of each particular case, and ordinarily consideration must be given to the evidence in regard to the surrounding circumstances such as fog, rain, glaring headlights, etc.\n2. Negligence \u00a7 19c\u2014\nNonsuit on the ground of contributory negligence will be granted only when plaintiff\u2019s own evidence establishes the facts necessary to show contributory negligence so clearly that no other conclusion can \u25a0be reasonably drawn therefrom.\n3. Automobiles \u00a7 7\u2014\nA motorist is not required to anticipate negligence on the part of others, but, in the absence of anything which gives or should give notice to the contrary, is entitled to assume and to act upon the assumption that every other person will perform his legal duty and obey the law.\n4. Automobiles \u00a7 42a\u2014\nThe duty to exercise ordinary care for his own safety applies to a nocturnal motorist as well as to every other person, and it is his duty not merely to look but to keep a lookout in the direction of travel, and he is held to the duty of seeking what he ought to have seen.\n5. Automobiles \u00a7 42d\u2014 Evidence held for jury on question of contributory negligence in striking parked vehicle.\nThe evidence in this case is held not to disclose contributory negligence as a matter of law on the part of plaintiff motorist in striking the rear of a truck, parked without lights on the right side of a six lane highway, with its rear protruding some three feet into the center lane for northbound traffic, there being evidence that plaintiff had turned from the left northern lane into the center lane some 40 feet from the trailer when a car preceding him in that lane gave a signal \u25a0for a left turn, and that plaintiff was some 25 or 30 feet from the trailer when he first saw it, there being further evidence that the night was dark, that the background of the trailer was a vacant house, that the darkness blended together, that the tractor-trailer was parked on a busy thoroughfare on which parking was prohibited, etc.\n6. Appeal and Error \u00a7 41\u2014\nThe overruling of defendant\u2019s objection to the testimony of an expert witness relating to \u201cpossibilities\u201d of a subsequent deterioration in plaintiff\u2019s condition from the injury in suit, is held, on the facts of this case, not sufficiently prejudicial to justify a new trial.\n7. '.Automobiles \u00a7 6\u2014\n' A municipal ordinance prohibiting parking along a portion of a certain street is an ordinance enacted in the interest of public safety, so as to warrant an instruction that the violation of such ordinance would constitute negligence per se, which would warrant recovery if the proximate cause of the injury.\n8. 'Appeal and Error \u00a7 42\u2014\n\" Where the charge is free from prejudicial error when read eontex-tu\u00e1lly,' exceptions thereto will not be sustained.\n\u25a0'\"\u25a0Higoins, J., not sitting.\nAppeal by defendants from Froneberger, J., 20 April Term, 1959, of MECKLENBURG. \"\nCivil action to recover damages for personal injuries.-'\n\"\u25a0Tire jury found by its verdict that'plaintiff was injured'by \u00a1the negligence of the defendants as alleged in his complaint, that he was free from contributory negligence, and awarded damages in-the amount of $6,500.00.-- The issues submitted in respect to' damage to the defendant Yount\u2019s trailer, as alleged in-the counter-claim, were'not answered'' by the jury.' '\nFrom judgment entered in accord with the verdict, defendants appeal.\n\"''Bailey & Booe for plaintiff,' appellee.\nKennedy, Covington, Lobdell \u25a0& Hickman for defendants', appellants." }, "file_name": "0097-01", "first_page_order": 141, "last_page_order": 148 }