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SMITH v. NUNN

No. 524.

125 S.E.2d 351 (1962)

257 N.C. 108

Don R. SMITH, by his next friend, Pansy S. Smith, v. Melvin C. NUNN, t/a Liberty Farms and Gardens, and Dearl F. Love.

Supreme Court of North Carolina.

May 2, 1962.

Attorney(s) appearing for the Case

Ottway Burton, Linwood T. Peoples, Asheboro, for plaintiff, appellant.

Coltrane & Gavin, by W. E. Gavin, Asheboro, for defendants, appellees.

HIGGINS, Justice.

The evidence presents an issue, only in minor degree, variant from what has become a familiar motif. Whose fault? Ordinarily, parking on the highway without lights 40 minutes before sunrise is unlawful. G.S. § 20-129; Williamson v. Varner, 252 N.C. 446, 114 S.E.2d 92. Before entering a public highway from a private driveway, the operator of a motor vehicle is required to exercise...

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