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BENNETT v. STEPHENSON

No. 236.

75 S.E.2d 147 (1953)

237 N.C. 377

BENNETT v. STEPHENSON.

Supreme Court of North Carolina.

March 18, 1953.

Attorney(s) appearing for the Case

Neill McK. Salmon, Lillington, and Glenn L. Hooper, Jr., Dunn, for plaintiff-appellant.

Wilson & Johnson, Dunn, Robert H. Dye, Fayetteville, for defendant-appellee.

DEVIN, Chief Justice.

The plaintiff's appeal from the judgment of involuntary nonsuit rendered by the court below requires consideration of the plaintiff's evidence in the light most favorable for him. Nash v. Royster, 189 N.C. 408, 127 S.E. 356; James v. Atlantic & East Carolina R. Co., 236 N.C. 290, 72 S.E.2d 682.

Making due allowance for the somewhat varying estimates of distance, speed...

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