C & H TRANSP. CO. v. N. C. DIV. OF MOTOR VEHICLES

No. 7710SC98.

239 S.E.2d 309 (1977)

34 N.C. App. 616

C & H TRANSPORTATION COMPANY v. NORTH CAROLINA DIVISION OF MOTOR VEHICLES.

Court of Appeals of North Carolina.

December 7, 1977.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. David D. Ward, and Deputy Atty. Gen. William W. Melvin, Raleigh, for the State.

Norman L. Sloan, Raleigh, for plaintiff-appellee.


BRITT, Judge.

Defendant contends the court erred in concluding that plaintiff did not violate its special permit and in entering judgment for plaintiff. We find no merit in this contention.

Defendant argues that the mere showing that plaintiff's equipment was moving on the highway 35 minutes after sunset was sufficient to establish that the "in daylight" provision of the permit was violated. While defendant cites no authority in support of this argument, it...

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