Davis v. Jeffreys
| Decision Date | 20 November 1929 |
| Docket Number | (No. 178.) |
| Citation | 197 N.C. 712,150 S.E. 488 |
| Parties | DAVIS . v. JEFFREYS et al. |
| Court | North Carolina Supreme Court |
[Ed. Note.—For other definitions, see Words and Phrases, First, Second, and Third Series, Contributory Negligence.]
Appeal from Superior Court, Carteret County; Daniels, Judge.
Action by David G. Davis against Z. M. L. Jeffreys and others, trading as Jeffreys' Sons, to recover damages for alleged negligent injury suffered by plaintiff when he ran his motorcycle into defendant's truck standing on public highway about 9 o'clock at night without any lights. From a judgment of nonsuit entered on motion of defendant at close of plaintiff's evidence, plaintiff appeals. Affirmed.
The evidence tends to show that on the night of May 2, 1928, about 9 p. m., the defendant's truck and trailer, while being loaded from a freight car, was standing partly across the highway near or within the corporate limits of Morehead City, but there was room for cars or motor vehicles to pass on the pavement or hard surface. The plaintiff testifiedthat he was driving his motorcycle from the Beaufort to Morehead City; that his lights were in good condition; that they would show a distance of 150 yards down the highway; that he was running about 30 or 35 miles an hour; that he could bring his motorcycle to a full stop within 100 feet, if proceeding at 25 miles an hour, or within 150 feet, if proceeding at 40 miles an hour; that he did not see the truck in time to avoid running into it; that it was a dark night, with a dense atmosphere, probably drizzling rain a little.
When the plaintiff was about 300 feet from the truck, a Mr. Crump (presumably defendant's agent) tried to stop the plaintiff by waving his hands and calling to him, but plaintiff testified:
R. A. Cherry, witness for plaintiff, testified that he was traveling on the highway at about 20 miles an hour, and that the plaintiff passed him, two or three blocks from the scene of the accident, going "about three times as fast as I was (i. e., 60 miles an hour).
The plaintiff's motorcycle bounded back about "half the distance of this court room" (40 feet) after striking the truck, and he was seriously injured. His motorcycle was demolished.
C. R. Wheatly, of Beaufort, and Luther Hamilton, of Morehead City, for appellant.
Kenneth C. Royall, of Goldsboro, and J. F. Duncan, of Beaufort, for appellee...
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