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MOODY v. ZIMMERMAN

No. 168.

83 S.E.2d 914 (1954)

240 N.C. 752

C. L. MOODY v. William ZIMMERMAN.

Supreme Court of North Carolina.

October 13, 1954.

Attorney(s) appearing for the Case

Blackburn & Blackburn and Gholson & Gholson, Henderson, for plaintiff, appellee.

Melvin H. Burke, Roxboro, for defendant, appellant.

JOHNSON, Justice.

Here it appears from the plaintiff's own evidence that after he observed the disabled car some 500 feet ahead of him in the main traveled portion of the highway, with headlights shining and with no other obstruction in the highway, he drove on, with his wife telling him the disabled car was on his side of the road, and collided with the side of it, when admittedly he could have stopped his car at any point along the highway before hitting the other...

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