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BLACK v. GURLEY MILLING CO.

No. 174.

127 S.E.2d 515 (1962)

257 N.C. 730

D. J. BLACK, t/a D. J. Black Motor Express v. GURLEY MILLING CO., Inc., and J. T. Medlin.

Supreme Court of North Carolina.

October 10, 1962.

Attorney(s) appearing for the Case

John J. Burney, Jr., and Isaac C. Wright, Wilmington, for plaintiff appellant.

Henry & Henry, Lumberton, for defendant appellees.

PARKER, Justice.

Plaintiff's evidence shows these facts:

About 2:30 p. m. on 12 January 1959, during fair weather and "broad-open daylight." a truck owned by Gurley Milling Co., Inc., and driven by its employee J. T. Medlin, was standing still in the middle of U. S. Highway 74-76 fronting west near the Leland School, and 200 feet or further west of a railroad crossing in or near the town of Leland. It had no flares...

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