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SAUNDERS v. WARREN

No. 449.

141 S.E.2d 308 (1965)

264 N.C. 200

Robert Edward SAUNDERS v. Rufus George WARREN and Radig Vault Company, Inc., a corporation.

Supreme Court of North Carolina.

April 7, 1965.

Attorney(s) appearing for the Case

White, Crumpler, Powell, Pfefferkorn & Green, Winston Salem, for plaintiff appellant.

Hudson, Ferrell, Petree, Stockton, Stockton & Robinson and J. Robert Elster, Winston Salem, for defendant appellees.

BOBBITT, Justice.

Uncontroverted evidence tends to show: At the scene of collision, the highway is a tar and gravel road, "approximately 20 feet wide, with approximately 3 to 4 feet of shoulder on the right side headed east, and on the other side the shoulders are approximately the same width." To the right of the shoulder, "on the right side headed east," there is a ditch.

Plaintiff's testimony, when considered...

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