Toney v. Henderson Book Reviews

Toney v. Henderson by Supreme Court of North Carolina No. 522 Book Summary

The evidence adduced in the trial below, when considered in the light most favorable to the plaintiff, fails to show any negligence on the part of the defendants. The plaintiff apparently undertook to make a U-turn immediately after Mr. Reid passed him and in doing so lost his balance, fell off his bicycle and landed in between the left front and rear wheels of defendants' truck. The truck, according to the evidence, was being operated at a moderate rate of speed on its right side of the highway. There was nothing between the plaintiff and the defendants' truck to obstruct his view of the truck after it left the new Charlotte-Statesville Highway and entered the highway on which they were traveling, except Mr. Reid's car as it passed between them. And while the evidence does not disclose any act of negligence on the part of the defendants, even if it did so, the negligence of the plaintiff was sufficient to establish contributory negligence as a matter of law. Threatt v. Express Agency, 221 N.C. 211, 19 S.E.2d 873; Van Dyke v. Atlantic Greyhound Corp., 218 N.C. 283, 10 S.E.2d 727; Tart v. R.R., 202 N.C. 52, 161 S.E., 720.

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