Harrison v. Kapp

Decision Date14 January 1955
Docket NumberNo. 746,746
Citation85 S.E.2d 337,241 N.C. 408
CourtNorth Carolina Supreme Court
PartiesNannle T. HARRISON v. Annie B. KAPP and Thomas E. Kapp.

Ingle, Rucker & Ingle, Winston-Salem, for plaintiff-appellant.

Deal, Hutchins & Minor, by Fred S. Hutchins, Winston-Salem, for defendants-appellees.

PER CURIAM.

The plaintiff's showing that she entered the intersection first, that she was on the right and the defendants on her left, is sufficient to survive the motion for nonsuit and take the case to the jury. G.S. § 20-155. As is customary in reversing a nonsuit, we refrain from discussing the evidence, except to the extent necessary to show the reason for the conclusion reached.

Reversed.

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6 cases
  • Price v. Gray
    • United States
    • North Carolina Supreme Court
    • May 1, 1957
    ...N.C. 553, 96 S.E.2d 686; Wright v. Pegram, 244 N. C. 45, 92 S.E.2d 416; Emerson v. Munford, 242 N.C. 241, 87 S.E.2d 306; Harrison v. Kapp, 241 N.C. 408, 85 S.E.2d 337; Donlop v. Snyder, 234 N.C. 627, 68 S.E.2d 316, and that the defendant was driving at 50 miles per hour through the intersec......
  • Wilson v. Camp
    • United States
    • North Carolina Supreme Court
    • March 25, 1959
    ...N.C. 553, 96 S.E.2d 686; White v. Lacey, 245 N.C. 364, 96 S.E.2d 1; Marshburn v. Patterson, 241 N.C. 441, 85 S.E.2d 683; Harrison v. Kapp, 241 N.C. 408, 85 S.E.2d 337; Hamilton v. Henry, 239 N.C. 664, 80 S.E.2d 485; Finch v. Ward, 238 N.C. 290, 77 S.E.2d 661; Hawes v. Atlantic Refining Co.,......
  • Marshburn v. Patterson
    • United States
    • North Carolina Supreme Court
    • February 4, 1955
    ...constitute one of the proximate causes of a collision at the intersection. Loving v. Whitton, 241 N.C. 273, 84 S.E.2d 919; Harrison v. Kapp, N.C., 85 S.E.2d 337. When, however, a motorist on the dominant highway has time to realize, or by the exercise of proper care and watchfulness should ......
  • Caudle v. Southern Ry. Co.
    • United States
    • North Carolina Supreme Court
    • June 30, 1955
    ...Since a new trial is awarded for reasons stated below, we refrain from a discussion of the evidence presently before us. Harrison v. Kapp, 241 N.C. 408, 85 S.E.2d 337; Davis v. South Eastern Finance Co., 242 N.C. 233, 87 S.E.2d 209. In his initial instructions to the jury on the issue relat......
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