VANN v. HAYES

No. 191.

147 S.E.2d 186 (1966)

266 N.C. 713

Raymond Louis VANN v. Vanilla HAYES, Administratrix of the Estate of Billy Ray Hayes, Deceased, Carolyn Ruth Hayes, Timothy Murphy and William Thomas Murphy.

Supreme Court of North Carolina.

March 23, 1966.


Attorney(s) appearing for the Case

George Rountree, III, Rountree & Clark, Elbert A. Brown, Wilmington, for plaintiff appellee.

W. G. Smith, Wilmington, for defendants appellants.


PLESS, Justice.

The court charged the jury "if you find from the evidence and by its greater weight, the burden being upon the plaintiff, that the defendant, Billy Ray Hayes, stopped the automobile he was driving on the hard surface, or main traveled portion of the road without first ascertaining the same could be done with safety to others then and there present and being upon said highway, that would constitute negligence, and if you find from the evidence and by...

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