Crotts v. Overnite Transp. Co., 385
Decision Date | 07 June 1957 |
Docket Number | No. 385,385 |
Citation | 246 N.C. 420,98 S.E.2d 502 |
Parties | Hylton K. CROTTS v. OVERNITE TRANSPORTATION COMPANY and Earl T. Williams. |
Court | North Carolina Supreme Court |
Ingle, Rucker & Ingle; Womble, Carlyle, Sandridge & Rice; Ratcliff, Vaughn, Hudson, Ferrell & Carter, Winston-Salem, for plaintiff, appellant.
Deal, Hutchins & Minor, Winston-Salem, for defendant, appellees.
The correctness of the judgment rests on the answer given to the question: Does the evidence establish that a proximate cause of plaintiff's injuries was his own negligence?
The question is answered by reviewing the evidence in the light most favorable to plaintiff, giving to him the benefit of all the inferences to be reasonably drawn therefrom and drawing no inference adverse to him not reasonably necessary from the evidence. When so viewed, the evidence establishes these facts:
The collision occurred around 3:00 p. M., 12 February 1952, on Highway 54, just outside of Burlington. The highway is straight for considerable distance as it approaches Burlington from the west. The highway is paved to a width of eighteen feet. On each side of the pavement is a dirt shoulder six feet wide. Tucker Street intersects the highway. The intersection is indicated by highway signs 100 yards west of the intersection. Tucker Street lies in a north-south direction. On the north side of the highway and in the center of Tucker Street is a concrete 'island' dividing Tucker Street into its eastern and western halves at the intersection. On the island is a highway traffic sign directing traffic coming from Tucker Street to stop before entering the highway. West of Tucker Street is a ravine over which the highway passes by bridge without rails. The drop from the highway to the ravine is about twelve feet. The tractortrailer is forty feet long.
The tractor-trailer was approaching Burlington from the west. Plaintiff was likewise traveling in an eastwardly direction. When half a mile west of the intersection, plaintiff observed the tractor-trailer. It was at that time 500 to 600 feet ahead of him. Plaintiff's speed at that time was 50 to 55 m. p. h., and the speed of the tractortrailer was 40 to 45 m. p. h., 'nearer 40 miles.' When the tractor-trailer was 300 feet west of the intersection, plaintiff had lessened the distance separating the vehicles to 125 feet. The vehicles had at that time reduced their speed to 35 to 40 m. p. h. When the tractor was 150 feet from the intersection, plaintiff noticed that the distance separating the vehicles was decreasing. He testified:
Plaintiff then pulled to the right and attempted to go on the right-hand side of the highway and to the rear of the tractortrailer. The left side of plaintiff's automobile collided with the right rear of the tractor-trailer, resulting in serious damage to plaintiff and his automobile.
This is the factual background to which must be applied the rule requiring a motorist to act as a reasonably prudent man. That plaintiff did not so act is, we think, apparent. 'The hub of our motor vehicle traffic regulations is contained in G.S. §§ 20-140, 141.' Singletary v. Nixon, 239 N.C. 634, 80 S.E.2d 676, 679....
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