THORNTON v. CARTWRIGHT

No. 761SC316.

228 S.E.2d 50 (1976)

30 N.C. App. 674

L. M. THORNTON, Administrator of the Estate of Frederick Odect Thornton v. Anthony Bruce CARTWRIGHT and Bruce Norman Cartwright.

Court of Appeals of North Carolina.

September 15, 1976.


Attorney(s) appearing for the Case

Moore & Moore by Milton E. Moore, Williamston, and John H. Harmon, New Bern, for plaintiff-appellant.

LeRoy, Wells, Shaw, Hornthal, Riley & Shearin, P.A., by L. P. Hornthal, Jr., Elizabeth City, for defendant-appellee.


ARNOLD, Judge.

When the defendant moves for a directed verdict, the evidence must be considered in the light most favorable to the plaintiff. So considered, the evidence tends to show that defendant was traveling south at 70 m. p. h., at night, in the proper lane, when he struck plaintiff's decedent. The road was level and straight for a distance of at least three-tenths of a mile north from the point of the impact, nothing obstructed the view to the north, and defendant...

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