BAKER v. SMITH

No. 458.

144 S.E.2d 658 (1965)

265 N.C. 598

Lucille BAKER, Administratrix of Roswell C. Baker, Deceased, Plaintiff, v. Jack F. SMITH, Defendant.

Supreme Court of North Carolina.

November 10, 1965.


Attorney(s) appearing for the Case

Charles F. Lambeth, Jr., and Harry S. Cline, Thomasville, for plaintiff appellant.

Smith, Moore, Smith, Schell & Hunter, Greensboro, and Walser, Brinkley, Walser & McGirt, Lexington, for defendant appellee.


PER CURIAM.

The evidence most favorable to plaintiff tends to show: Defendant was operating plaintiff's Ford in an easterly direction on Unity Street in Thomasville at a speed of 15 or 20 miles an hour. The Chevrolet, headed in a westerly direction, was off the highway and on a "little pull-off" to defendant's right.

The only testimony as to what occurred was that of one of the occupants of the Baker car. She testified: "The right front fender of the other...

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