Volume 260 — North Carolina Reports

Appeal by defendant from Johnston, J., 4 February 1963 Session oi Foesyth. Gmmioml prosecution on indictment charging the defendant with murder in itftie first degree. Plea: Not .guilty. Verdict: Guilty of murder in tire first degree as charged' in ’tibe bill of indictment. From a judgment of death by asphyxiation, defendant appeals.

Appeal -by plaintiff from Braswell, J., May 1963 Civil Session of JOHNSTON. Plaintiff seekis compensation for injuries resulting from a collision between an automobile operated by plaintiff and an automobile owned by defendant Maesie and with his permission operated by defendant William®. At the -conclusion oí the evidence the court allowed the motion oif defendants for nonsuit. Plaintiff excetpted and appealed.

Appeal by plaintiff from Cowper, J., Jamie, 1963 Session, Wilson Superior Court. The plaintiff instituted this ¡civil action on August 24, 1961, to recover from the 'defendants compensatory amid punitive damages for false imprisonment and islander. At the clase of the evidence the court entered judgment of compulsory nonsuit, from which the plaintiff appealed.

<p>Appeal by plaintiff 'from Armstrong, J., April 1, 1963, Session of Guilfoed (Gireemsiboro' División).</p>

<p>Appeal .by plaintiff from Gambill, J., February 25, 1963, Civil Session, DavidsoN Superior Court.</p> <p>Civil action ¡to recover damages for personal injury. At the close of plaintiff’s evidence the ¡court entered judgment of .compulsory nonsuit, from which the plaintiff appealed.</p>

Appeal by defendíante from Johnston, J., March, 1963 Civil Session, Richmond Superior Court. This proceeding originated as a workmen’s 'Compensation claim for injuries aind disfigurement resulting from an industrial accident. The North Carolina Industrial Commission held a hearing at which all jurisdictional facts and the claimant's average weekly wage were stipulated.

<p>Automobiles § 41f—</p> <p>Evidence tending to show that plaintiff stopped behind a preceding car, which had stopped for a stop light at an intersection, that defendant, who was following behind plaintiff’s car at a speed not exceeding ten miles per hour >and a distance of about thirty feet, applied his brakes but that his car skidded on the ice and snow down ap incline and bumped the rear of plaintiff’s vehicle, inflicting no damage to defendant's car and insignificant damage to plaintiff’s vehicle, held, insufficient to ¡be submitted to the jury in plaintiff’s action to recover for personal injury.</p>

APPIrAL by defenda~iiit from Burgwyr~, E. J., Augusth 1963 Se~siion. o~ JOHNSTON. Crirnânal pa~oaeoutáon upon an ind'brn~ `c~rg~og d'efendiaiit with ~n oaaault with `a deadly weapon upon Billy Ray Carter w'iTtlh intent to kill a~esu1rt~ing in cerious injury. G.S. 14~32. Plea: Not guilty.

<p>Automobiles § 41m—</p> <p>Evidence that a child less than five years old was on the hard surface ■of a highway, unattended, and clearly visible to defendant while he traveled a distance of one-half mile, that she ran across the highway toward her companion, another small child, when defendant was only some 40 feet away, and that defendant could not then, avoid striking the child, notwithstanding he had reduced his speed from some 45 miles per hour to 25 miles per hour, held sufficient to be submitted to the jury.</p>

Appeal by plaintiff from Crissman, J., February 25, 1963 Civil Session, Guilford Superior Court, Greensboro Division. Civil action to. recover damages for personal -injury allegedly caused iby -defendant’s -actionable negligence. From a judgment -oif nonsuit (entered -at the c-lo-se of -the evidence, the plaintiff appealed.

Appeal by plaintiff from Crissman, J., March 1963 Regular Civil Session -of Guilford, High Point Division. Action for personal injuries. This- appeal involves only the question of nonsuit. Plaintiff's evidence tends- to -show the following facts: Defendant is -a practicing physician and surgeon in High P-o-int. On January 6,1958 -plaintiff, -then fifty--eight years -old, consulted him with reference to a gastrointestinal condition.

Appeal by plaintiff from Crissman, J., 18 February 1963 Civil Session of GuilfoRD — High Point Division. Civil action to recover damages for personal injuries allegedly caused by the actionable negligence of defendant. Defendant in his answer denied negligence and conditionally pleaded contributory negligence of plaintiff as a bar to recovery.