EXUM v. BOYLES

No. 283.

158 S.E.2d 845 (1968)

272 N.C. 567

John B. EXUM, Jr., Administrator of the Estate of Herman Joseph McDonald v. William Franklin BOYLES, Sr.

Supreme Court of North Carolina.

February 2, 1968.


Attorney(s) appearing for the Case

Spruill, Trotter & Lane, by DeWitt C. McCotter, III, Rocky Mount, for plaintiff appellant.

Valentine & Valentine, Nashville, Battle, Winslow, Scott & Wiley, Rocky Mount, for defendant appellee.


LAKE, Justice.

There is ample evidence to support the finding of the jury that the defendant was negligent and his negligence was a proximate cause of the death of the plaintiff's intestate. The evidence, if true, shows that the defendant saw the station wagon 200 yards before he reached it. It was parked on the shoulder close to the edge of the pavement upon a fill approaching a bridge, the defendant being familiar with the road. The taillights, headlights and the...

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