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BaeNHill, J., concurring: The evidence considered in the light most favorable to plaintiff tends to show that defendant operated his automobile through a built-up area at a street intersection in Kannapolis at about sixty miles per hour. His conduct, in so doing, evidenced a wanton indifference to the safety of others. Such use of an automobile converts it into a deadly weapon. And one who, by the reckless use of a deadly weapon, injures or kills another is both criminally and civilly liable. It is on this theory of liability I concur.
Document Info
Docket Number: 380
Judges: Denny, Baenhill
Filed Date: 4/18/1951
Precedential Status: Precedential
Modified Date: 11/11/2024