Gasperson v. Rice

Where jury trial is waived, the findings of fact of the trial court have the force and effect of a verdict by jury and are conclusive on appeal if there be competent evidence to support such findings. Woody v. Barnett, 239 N.C. 420, 79 S.E. 2d 789.

*662 Tbe plaintiff’s assignments of error challenge tbe sufficiency of tbe evidence to support tbe findings and conclusion tbat tbe plaintiff was contributorily negligent.

Tbe General County Court found and concluded in substance tbat tbe plaintiff was negligent in tbat before making tbe left turn into tbe side road be did not exercise reasonable care to ascertain tbat sucb movement could be made in safety, as required by G.S. 20-154, and tbat sucb negligence was a proximate cause of tbe plaintiff’s injury and damage. Tbe crucial portion of tbe determinative finding of tbe court below is tbat “tbe plaintiff did not look to bis rear and to bis left and thus failed to observe, as be should have observed, tbe oncoming tractor-trailer . . .”

Tbe record discloses plenary evidence in support of tbe crucial findings which defeat plaintiff’s right to recover. It suffices to note tbat tbe plaintiff on cross-examination stated tbat be looked in bis mirror when be gave tbe left-turn signal 350 feet before turning but tbat be did not look in tbe mirror again. He further admitted be never saw tbe tractor-trailer at any time before tbe collision. As to this, tbe defendants’ evidence discloses tbat as tbe tractor-trailer came alongside tbe plaintiff’s pick-up, tbe plaintiff cut left into tbe side of tbe passing vehicle, with tbe point of impact being behind tbe tractor and at tbe front of tbe trailer.

Prejudicial error has not been made to appear. Tbe judgment below will be sustained under authority of Grimm v. Watson, 233 N.C. 65, 62 S.E. 2d 538, and Ervin v. Mills Co., 233 N.C. 415, 64 S.E. 2d 431.

Affirmed.