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BENBOW v. WESTERN UNION TELEGRAPH COMPANY

No. 173.

134 S.E.2d 652 (1964)

261 N.C. 404

Charlie BENBOW v. WESTERN UNION TELEGRAPH COMPANY, Inc., and Edward E. Jackson, Original Defendants, and Cecil C. Brown, Additional Defendant.

Supreme Court of North Carolina.

March 4, 1964.

Attorney(s) appearing for the Case

Addison Hewlett, Jr., and Elbert A. Brown, Wilmington, for plaintiff appellant.

Poisson, Marshall, Barnhill & Williams, Wilmington, for defendants Western Union and Edward E. Jackson.

Royce S. McClelland and W. Allen Cobb, Wilmington, for additional defendant Cecil C. Brown.

PER CURIAM.

The conclusion is inescapable that the two defendants approached the intersection at approximately the same time. Jackson, being on Brown's right, had the right of way notwithstanding Brown may have entered the intersection a hairsbreadth before him. G.S. 20-155(a); Yost v. Hall, 233 N.C. 463, 64 S.E.2d 554. Hence, the jury's verdict exonerating Jackson was clearly correct. Indeed, defendants...

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