PARKER, Justice.
Plaintiff's evidence shows the following facts:
About 11:00 p. m. o'clock on 5 February 1958 he was driving his automobile around 40 to 45 miles an hour north on U. S. Highway #1 about two miles north of the city limits of Raleigh and about one mile north of the Westinghouse plant. The highway at this place is a two lane paved road. Plaintiff met several automobiles, traffic was heavy, and he had his headlights on dim. Plaintiff passed a truck...
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