Supreme Court of North Carolina, 1933

Bullard v. Ross

Bullard v. Ross
Supreme Court of North Carolina · Decided December 13, 1933 · Adams
205 N.C. 495

Bullard v. Ross

Opinion of the Court

Adams, J.

Tbe affirmative answer to tbe second issue bars tbe plaintiff’s recovery of damages. Crane v. Carswell, 203 N. C., 555; Allen v. Yarborough, 201 N. C., 568; McKoy v. Craven, 198 N. C., 780.

Tbe plaintiff excepted to tbe exclusion of evidence tending to show that tbe death of one mule and tbe injury of tbe other resulted in tbe loss, or partial loss, of bis crop. Tbe proposed evidence, being remote and speculative or conjectural, was properly excluded. Sledge v. Reid, 73 N. C., 440. Besides, in view of bis contributory negligence an increase in tbe assessment of damages would be of no benefit to tbe plaintiff.

We find no error in tbe instruction relating to tbe second issue. There may be concurrent proximate causes of an injury. White v. Realty Co., 182 N. C., 536; Harton v. Telephone Co., 141 N. C., 455.

No error.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.