HOWARD v. BELL

No. 384.

62 S.E.2d 323 (1950)

232 N.C. 611

HOWARD v. BELL et al.

Supreme Court of North Carolina.

November 8, 1950.


Attorney(s) appearing for the Case

Lewis, Lewis & Hedrick and Hugh G. Mitchell, Statesville, for plaintiff, appellee.

Land, Sowers & Avery, Statesville, and Z. V. Turlington, Mooresville, for defendants, appellants.


STACY, Chief Justice.

The question for decision is whether the plaintiff's case survives the challenge interposed by demurrer to the evidence. The trial court answered in the affirmative, and we are inclined to uphold the ruling; conceding at once, however, that much could be written in support of the opposite view. It is clearly a border-line case.

The one circumstance which seems to favor recovery is the speed at which the defendants' truck was being driven...

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