PETREE v. JOHNSON

No. 6818SC265.

163 S.E.2d 87 (1968)

2 N.C. App. 336

Martha Hughes PETREE, Plaintiff, v. Alexander JOHNSON, Original Defendant. Adv. Donald Gray Petree, Additional Defendant.

Court of Appeals of North Carolina.

September 18, 1968.


Attorney(s) appearing for the Case

Armistead W. Sapp, Jr., Greensboro, for original defendant appellant.

Smith, Moore, Smith, Schell & Hunter, Greensboro, and Haworth, Riggs, Kuhn & Haworth, by John Haworth, High Point, for plaintiff and additional defendant appellees.


MORRIS, Judge.

Original defendant's first assignment of error challenges the trial court's granting the motions for involuntary nonsuit of his counterclaim.

Original defendant testified that he saw the plaintiff's car when it was 310 feet away, by measurements made by him; that there was nothing to prevent his seeing her car; that he saw her and then stopped (on cross-examination) or saw her "just about the time I come to a stop" (on redirect examination)...

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