Garner v. Pittman

When the evidence offered by plaintiff upon the trial in Superior Court, as revealed by the record of case on appeal, is taken in the light most favorable to her, we are of opinion that the case comes within the principles enunciated in Smith v. Sink, 211 N.C. 725, 192 S.E. 108; Powers v. Sternberg, 213 N.C. 41, 195 S.E. 88; Butner v. Spease, 217 N.C. 82, 6 S.E.2d 808; Reeves v. Staley, 220 N.C. 573, 18 S.E.2d 239, and Matheny v. Motor Lines, 233 N.C. 673, 65 S.E.2d 361, and is insufficient to require that an issue of negligence as to defendant Sipe be submited to the jury. All the evidence offered by plaintiff Sipe be submitted to the jury. All the evidence offered by plaintiff manifests that defendant Pittman was negligent. Indeed, the uncontradicted evidence is that he admitted that "it was all his fault." If defendant Sipe were negligent, it is clear that it was insulated by the negligence of Pittman, and that his, Pittmans, negligence was the sole proximate cause of the collision. This conclusion finds support in Harton v. Tel. Co., 146 N.C. 429, 59 S.E. 1022, and other cases cited in Reeves v. Staley, supra at page 582.