MEEKS v. ATKESON

No. 693DC254.

173 S.E.2d 509 (1970)

7 N.C. App. 631

Robert MEEKS v. John C. ATKESON, Jr.

Court of Appeals of North Carolina.

Certiorari Allowed June 12, 1970.


Attorney(s) appearing for the Case

Pritchett, Cooke & Burch, by W. L. Cooke, Windsor, for plaintiff appellant.

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


PARKER, Judge.

Plaintiff's evidence showing defendant left his unlighted car at night parked across both lanes of a two-lane highway, while defendant searched for his lost cat, was clearly sufficient to require submission of an issue as to defendant's actionable negligence. The nonsuit can be sustained, if at all, only on the ground that plaintiff's evidence so clearly establishes his own negligence as one of the proximate causes of his injuries that no other reasonable...

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