273 N.C. 457 - Warren v. Lewis

How this case has been cited

Cited by 34 later decisions — most recently January 1986 · most notably Bowen v. Gardner (1969), Clark v. Bodycombe (1976)

34 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Bobbitt, J.,

¶1concurring:

¶2On cross-examination, plaintiff testified, without objection, he had been previously convicted of five charges of traffic violations. If objections had been interposed, this testimony would have been admissible for the purpose of impeachment, Ingle v. Transfer Corp., 271 N.C. 276, 156 S.E. 2d 265, and cases cited, but it would not have been admissible as substantive evidence, Mason v. Gilliken, 256 N.C. 527, 532, 124 S.E. 2d 537, 540, and cases cited.

¶3Since the opinion of the Court treats the testimony relating to plaintiff’s convictions for unrelated traffic violations as substantive evidence, I deem it appropriate to emphasize that this testimony was admitted without objection.

¶4Independent of the testimony relating to plaintiff’s convictions for unrelated traffic violations, I concur in the view that plaintiff’s evidence discloses contributory negligence as a matter of law.

SHARP, J., joins in this opinion.