MARLIN v. MOSS

No. 523.

136 S.E.2d 90 (1964)

261 N.C. 737

Earl Brandon MARLIN v. Robert Frank MOSS and Homer E. Arnold.

Supreme Court of North Carolina.

April 29, 1964.


Attorney(s) appearing for the Case

Williams, Willeford & Boger, Concord, for plaintiff appellee.

Hartsell, Hartsell & Mills and Harold H. Smith, Concord, for defendant appellants.


PER CURIAM.

The only question presented by defendants' appeal is whether the court erred in denying defendants' motion for judgment of nonsuit.

There was evidence tending to show the following:

Lane Street, a two-lane street with marked center line, ran generally east and west. The paved portion thereof (tar and gravel) was approximately 18 feet wide. On each side of the pavement, there was a dirt shoulder 3-4 feet wide.

Plaintiff was proceeding...

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