Cooper v. Kiser
Cooper v. Kiser
Opinion of the Court
Plaintiffs were not denied recovery because of failure to establish the alleged negligence of defendant. On the contrary, they were denied relief on the theory that defendant’s negligence was so palpable that plaintiffs, exercising that degree of caution which a prudent person would use for his own safety, would have refused to ride in defendant’s automobile when operated either by Cranford or defendant.
Divergent inferences may be drawn as to the quantity consumed by each of the four participants. Irrespective of the quantity consumed by Cranford or defendant, what effect had it had on them? Cooper testified he could feel the effect of his imbibing. Gillespie testified she could not. If the drinking sufficed to affect either Cranford or defendant so as to impair their ability to drive safely, did their actions indicate that fact? These were questions of fact that the jury could resolve; but, because of the diverse inferences which might be drawn, the court should have overruled the motions and submitted appropriate issues to the jury. Dinkins v. Carlton, 255 N.C. 137, 120 S.E. 2d 543; Maynor v. Pressley, 256 N.C. 483, 124 S.E. 2d 162.
Reversed.
Reference
- Full Case Name
- CHARLES JUNIOR COOPER v. BILLIE VERNON KISER and ALLENE CULLER GILLESPIE v. BILLIE VERNON KISER
- Status
- Published