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MARTIN v. MARTIN

No. 463.

133 S.E.2d 69 (1963)

260 N.C. 442

Cara Ann MARTIN, Plaintiff, v. Yaten William MARTIN, Defendant, and Annie Laurie Brady, Additional Defendant.

Supreme Court of North Carolina.

November 6, 1963.

Attorney(s) appearing for the Case

Everett, Everett & Everett, Durham, for plaintiff appellant.

Smith, Leach, Anderson & Dorsett, Raleigh, for defendant appellee.

PER CURIAM.

Ordinarily a guest in an automobile is justified in assuming that the driver will maintain a proper lookout for approaching traffic and is required to warn him of danger only if a reasonably prudent person would, under the same circumstances, realize the danger and give warning of it. Watters v. Parrish, 252 N.C. 787, 115 S.E.2d 1. However, the rule is different when, as here, the driver...

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