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STEPHENS v. SOUTHERN OIL COMPANY OF NORTH CAROLINA

No. 246.

131 S.E.2d 39 (1963)

259 N.C. 456

Lois Brown STEPHENS v. SOUTHERN OIL COMPANY OF NORTH CAROLINA, Inc., and Adrian R. Bustle.

Supreme Court of North Carolina.

May 22, 1963.

Attorney(s) appearing for the Case

Carpenter, Webb & Golding, by William B. Webb, Charlotte, for defendants-appellants.

Leon Olive, Charlotte, for plaintiff-appellee.

RODMAN, Justice.

The first question to be answered is: Did the court err in refusing to allow defendants' motion to nonsuit?

The evidence viewed in the light most favorable to plaintiff is sufficient to establish these facts: The collision occurred in the forenoon of 3 September 1960 at or near a bridge on Eastway Drive in Charlotte. The weather was clear and the road dry. Eastway Drive runs north and south. The maximum permissible speed is 45 m.p.h. Plaintiff...

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