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ROSSER v. SMITH

No. 531.

133 S.E.2d 499 (1963)

260 N.C. 647

J. W. ROSSER, Administrator of the Estate of Martha C. Rosser, deceased, v. Faye Buchanan SMITH.

Supreme Court of North Carolina.

December 11, 1963.

Attorney(s) appearing for the Case

Gavin, Jackson & Williams, by Clawson L. Williams, Jr., Sanford, for plaintiff appellant.

Pittman, Staton & Betts, by William W. Staton, Sanford, for defendant appellee.

PARKER, Justice.

Plaintiff's sole assignment of error is to the judgment of compulsory nonsuit.

Plaintiff's intestate was struck by defendant's automobile about 7:55 a. m. on 14 November 1961 on rural road #1415, known as the Colon road, in Lee County. This is a hard-surfaced road running generally north and south, with pavement twenty feet wide and with shoulders five feet wide on each side. At the point plaintiff's intestate was struck, the road is straight...

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