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HOWDERSHELT v. HANDY

No. 740.

134 S.E.2d 175 (1964)

261 N.C. 164

John N. HOWDERSHELT v. Annetta Louise HANDY.

Supreme Court of North Carolina.

January 17, 1964.

Attorney(s) appearing for the Case

McLendon, Brim, Holderness & Brooks, by L. P. McLendon, Jr., Greensboro, for plaintiff appellee.

Smith, Moore, Smith, Schell & Hunter, by Richmond G. Bernhardt, Jr., Greensboro. for defendant appellant.

HIGGINS, Justice.

The defendant, by Assignment of Error No. 1, presents the question whether the plaintiff's evidence was sufficient to survive the motion to dismiss. The defendant contends the evidence shows she was observing the speed limit; that in attempting to pass the way was clear for her to do so; but in moving the vehicle back to her side of the road after passing, the Austin-Healey skidded on the wet road surface; that the

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