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FAISON v. T & S TRUCKING COMPANY

No. 541.

146 S.E.2d 450 (1966)

266 N.C. 383

Mattie FAISON, Plaintiff, v. T & S TRUCKING COMPANY, Inc., Nellie B. Joy, Administratrix of Wildon M. Joy, Deceased, and Ethelyn Shaw Fisher, Original Defendants, and Raymond Floyd, Jr., and Person-Garrett Company, Inc., Additional Defendants.

Supreme Court of North Carolina.

February 4, 1966.

Attorney(s) appearing for the Case

Teague, Johnson & Patterson and Ronald C. Dilthey, Raleigh, for plaintiff appellant-appellee.

Jordan & Toms and William R. Hoke, Raleigh, for T & S Trucking Co., Inc., and Nellie B. Joy, administratrix, defendant appellants.

Smith, Leach, Anderson & Dorsett and C. K. Brown, Jr., Raleigh, for Ethelyn Shaw Fisher, defendant appellee.

BOBBITT, Justice.

APPEAL OF DEFENDANTS TRUCKING COMPANY AND JOY.

With reference to nonsuit, there was evidence sufficient to support jury findings that the Trucking Company's T/T had stopped in the lane for southbound traffic, after dark, without displaying any lights, and that the driver and occupants of the Fisher car had no notice of its presence until the headlights of the Fisher car, when it rounded the curve and was within a short distance of...

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