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MADDOX v. BROWN

No. 522.

61 S.E.2d 613 (1950)

232 N.C. 542

MADDOX v. BROWN et al.

Supreme Court of North Carolina.

November 1, 1950.

Attorney(s) appearing for the Case

Smathers & Carpenter, Charlotte, for plaintiff-appellee.

Robinson & Jones, Charlotte, for defendant-appellants.

BARNHILL, Justice.

There is testimony in the record from which a jury may find that the deceased and Brown, the bus driver, were both traveling in the passing lane, going west; that Brown signaled his desire to pass deceased who was on a motorcycle ahead; that deceased did not immediately yield the right of way but continued on in the passing lane; that Brown did not slow up, but, instead, continued on and attempted to cut around the motorcycle while it was still...

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