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LAIL v. CHAPMAN

No. 305.

127 S.E.2d 581 (1962)

257 N.C. 797

Charlie Albert LAIL, minor, by his next friend, Russell Lail v. Ulysses CHAPMAN, minor over 14 and W. A. Robinson. Bynum LAIL v. Ulysses CHAPMAN and W. A. Robinson.

Supreme Court of North Carolina.

October 17, 1962.

Attorney(s) appearing for the Case

C. David Swift, Valdese, for plaintiffs-appellants.

Patton & Ervin, by Sam J. Ervin, III, Morganton, for defendants-appellees.

PER CURIAM.

The plaintiffs' evidence makes out a clear case of sudden emergency. That Chapman was curious as to the identity of the woman driver who forced him off the road, gave voice to that curiosity, and a fleeting glance in the direction of her departure, are not enough to establish actionable negligence. The judgments of nonsuit are

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