{
  "id": 8622196,
  "name": "BLANCHE P. TRULL, Administratrix of WALTER ALFRED TRULL, Deceased, v. RAEFORD LEE AUSTIN",
  "name_abbreviation": "Trull v. Austin",
  "decision_date": "1960-04-13",
  "docket_number": "",
  "first_page": "367",
  "last_page": "367",
  "citations": [
    {
      "type": "official",
      "cite": "252 N.C. 367"
    }
  ],
  "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": "80 S.E. 2d 150",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "239 N.C. 524",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8627602
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/239/0524-01"
      ]
    }
  ],
  "analysis": {
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  "last_updated": "2023-07-14T17:30:54.749131+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "BLANCHE P. TRULL, Administratrix of WALTER ALFRED TRULL, Deceased, v. RAEFORD LEE AUSTIN."
    ],
    "opinions": [
      {
        "text": "PER Cueiam.\nAppropriate issues, applying the \u201clast clear chance\u201d doctrine, were submitted to the jury. Wade v. Sausage Co., 239 N.C. 524, 80 S.E. 2d 150. The jury answered only the first issue, finding that deceased was not injured or killed by the negligence of defendant. The trial judge properly denied plaintiff\u2019s motion for peremptory instructions on the \u201cnegligence\u201d and \u201ccontributory negligence\u201d issues. The issues were for jury decision. The exceptions to the charge are not well taken. The court\u2019s instructions adequately presented the applicable legal principles and are free of prejudicial error. There was no request for special instructions. The exception to exclusion of testimony is without merit.\nNo error.",
        "type": "majority",
        "author": "PER Cueiam."
      }
    ],
    "attorneys": [
      "Coble Funderbunk for plaintiff, appellant.",
      "Smith \u25a0& Griffin for defendant, appellee."
    ],
    "corrections": "",
    "head_matter": "BLANCHE P. TRULL, Administratrix of WALTER ALFRED TRULL, Deceased, v. RAEFORD LEE AUSTIN.\n(Filed 13 April, 1960.)\nAppeal by plaintiff from Sharp, S. J., January 1960 Special Civil Term, of Union.\nThis is an action to recover damages for the alleged wrongful death of plaintiff\u2019s intestate, Walter Alfred Trull.\nAbout 11:15 P. M. on 22 May 1959 the deceased, while lying upon a paved rural road in Union County, was struck by a motor vehicle. He was injured and death immediately ensued. He had been drinking whiskey. Defendant drove a Ford pickup over his body.\nDefendant was the only eyewitness. He testified that Trull was in his lane of travel, he first saw the body when about 200 feet away, it \u201cappeared to be a bag or a piece of paper or maybe a dark spot in the road,\u201d it did not move, and he recognized it as a person when only 20 to 25 feet away and too close for him to stop or avoid striking itu\nVerdict for defendant.\nFrom judgment in accordance with the verdict plaintiff appealed and assigned errors.\nCoble Funderbunk for plaintiff, appellant.\nSmith \u25a0& Griffin for defendant, appellee."
  },
  "file_name": "0367-01",
  "first_page_order": 407,
  "last_page_order": 407
}