WRIGHT v. PEGRAM

No. 524.

92 S.E.2d 416 (1956)

244 N.C. 45

Bobby James WRIGHT v. Bernard G. PEGRAM and Taylor James Pegram.

Supreme Court of North Carolina.

May 2, 1956.


Attorney(s) appearing for the Case

Ottway Burton, Asheboro, for plaintiff, appellant.

Coltrane & Gavin, by T. Worth Coltrane, Asheboro, for defendants, appellees.


HIGGINS, Justice.

The evidence of the defendant's speed of 35-40 miles per hour in a 20-mile zone and his entrance into the intersection against a red light was sufficient to go to the jury on the question of defendant's negligence. The judgment of nonsuit, therefore, can be upheld only if the plaintiff's contributory negligence appears as a matter of law. In order to warrant a nonsuit on that ground the plaintiff's evidence must establish his contributory negligence...

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