DIXON v. COX

No. 109.

146 S.E.2d 673 (1966)

266 N.C. 637

Bruce DIXON v. Warren COX and wife, Dorothy White Cox, and Paul Carmon.

Supreme Court of North Carolina.

March 2, 1966.


Attorney(s) appearing for the Case

Gaylord & Singleton, by L. W. Gaylord, Jr., Greenville, for plaintiff appellant.

James, Speight, Watson & Brewer, by W. W. Speight, Greenville, for defendant Paul Carmon, appellee.


PER CURIAM.

The only question presented is the sufficiency of the evidence to require the court to submit to the jury an issue of Carmon's negligence. According to the evidence of the plaintiff who was the only witness, Paul Carmon was driving south at 35 to 40 miles per hour on Highway No. 11 at 7:30 a. m. on August 4, 1964. A misty rain was falling. The surface of the highway was 20 feet wide. The shoulder on the west side was 10 to 12 feet wide, wet, and sloped...

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