MOORE v. BROOKS

No. 674.

139 S.E.2d 257 (1964)

263 N.C. 236

Henry Lance MOORE, by his Next Friend, Clyde H. Moore, v. Charles Thomas BROOKS, by his Guardian Ad Litem, Carroll F. Gardner, and Sebert Monroe Brooks. William Alex MILLER, by his Next Friend, Theron O. Miller, v. Charles Thomas BROOKS, by his Guardian Ad Litem, Carroll F. Gardner, and Sebert M. Brooks.

Supreme Court of North Carolina.

December 16, 1964.


Attorney(s) appearing for the Case

Blalock & Swanson, by C. Orville Light, Pilot Mountain, for plaintiff Henry Lance Moore, appellee.

James J. Randleman and M. Neil Finger, Elkin, for plaintiff William Alex Miller, appellee.

Barber & Gardner, by John C. W. Gardner, Wilson Barber, Mount Airy, for defendant appellants.


PER CURIAM:

The evidence permitted an inference of speed in excess of that warranted by conditions on the highway. After discovering the first mule in the road, the driver did not reduce speed, but whipped around the mule back into his traffic lane and was "on top of the second mule" before he saw it. Up to that time he had not reduced speed.

The evidence fully justified the jury's findings. Assignments of error other than to the failure to nonsuit are formal...

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