Rice v. Rigsby
Cases that cite this one
2 later published cases cite this decision.
- Atwood Ex Rel. Hayes v. Holland (N.C. 1966)
- Southern National Bank of NC v. Lindsey (N.C. 1965)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
The testimony of both plaintiff and defendant that defendant was neither drunk nor under the influence of any intoxicant at the time his automobile overturned and injured plaintiff is set at naught by the allegation in plaintiff’s complaint that defendant was operating his motor vehicle while under the influence of an intoxicating beverage and that such operation was the proximate cause of his injuries. The opinion in Davis v. Rigsby, supra, is controlling here. The motion for nonsuit should have been allowed.
Reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.