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WOOTEN v. RUSSELL

No. 235.

122 S.E.2d 603 (1961)

255 N.C. 699

Simeon Augustus WOOTEN, Sr. v. Joseph L. RUSSELL. Simeon Augustus WOOTEN, Jr., by his Next Friend, Jennie Lane Wooten, v. Joseph L. RUSSELL.

Supreme Court of North Carolina.

November 22, 1961.

Attorney(s) appearing for the Case

Ruark, Young, Moore & Henderson, Raleigh, and Moore & Moore, Wilson, for plaintiff appellants.

Lucas, Rand & Rose, Wilson, and Critcher & Gurganus, Williamston, for defendant appellee.

RODMAN, Justice.

The first question for determination is: Should defendant's motion for nonsuit have been allowed? Young Wooten testified that defendant did not stop at the intersection as commanded by the stop signs. While a failure to stop and yield the right of way to traffic on the dominant highway is not negligence per se, G.S. § 20-158, it is evidence of negligence, State v. Sealy, 253 N.C. 802, 117 S.E.2d...

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