Hughes v. Luther
| Decision Date | 03 June 1925 |
| Docket Number | 557. |
| Citation | 128 S.E. 145,189 N.C. 841 |
| Parties | HUGHES v. LUTHER. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Buncombe County; Stack, Judge.
Action by W. I. Hughes against Byron Luther. Judgment of nonsuit, and plaintiff appeals. No error.
Fortune & Fortune, of Asheville, for appellant.
Geo. M. Pritchard, of Asheville, for appellee.
Plaintiff was driving an automobile on a public road in Buncombe county, about 9:30 p. m. As he drove around a curve at the rate of 27 or 28 miles per hour, with the lights on his automobile, he saw, standing on the right-hand side of the road, about 3 feet from its edge, defendant's truck. There was no light on this truck. Plaintiff saw the truck about 75 yards ahead of him. The road was about 18 feet wide. Another automobile, with lights burning, was approaching from the opposite direction. Plaintiff did not turn out, or stop his automobile, but drove into the truck. He testified that he thought the truck was moving. After he struck the truck, his automobile skidded about 20 yards. It was injured by the collision.
Conceding that it was negligence for defendant to stop his truck on the roadside, in the nighttime, and not to have a light on the rear, as required by statute (C. S. 2615), this negligence was not the proximate cause of the injury to plaintiff's automobile. Plaintiff approached defendant's truck at a rapid rate of speed, returning as he says from a fishing trip, and, it appears, drove into the truck, which he saw first at a distance of 75 yards. He saw the car approaching from the opposite direction, and yet, when he struck defendant's truck, was going at a rate which caused his automobile to skid 20 yards.
There was no error in rendering judgment of nonsuit in this case, and the judgment is affirmed.
No error.
To continue reading
Request your trial
-
Barnes v. Town of Wilson
... ... of the defendant in permitting the ramp to remain on the ... street unguarded." Hughes v. Luther, 189 N.C ... 841, 128 S.E. 145; Weston v. Southern R. R., 194 ... N.C. 210, 139 S.E. 237; Davis v. Jeffreys, 197 N.C ... 712, 150 S.E ... ...
-
Smith v. Sink
...R., 199 N.C. 682, 155 S.E. 571; Burke v. Coach Co., 198 N.C. 8, 150 S.E. 636; Herman v. R. R., 197 N.C. 718, 150 S.E. 361; Hughes v. Luther, 189 N.C. 841, 128 S.E. 145; Lineberry v. R. R., 187 N.C. 786, 123 S.E. 1; Harton v. Tel. Co., 141 N.C. 455, 54 S.E. 299. Compare Brown v. R. R., 208 N......
-
Ferguson v. City of Asheville
... ... see the ramp the accident followed, he would be guilty of ... such negligence as would bar his recovery. Hughes v ... Luther, 189 N.C. 841, 128 S.E. 145; Weston v ... Southern R. Co., 194 N.C. 210, 139 S.E. 237; Davis ... v. Jeffreys, 197 N.C. 712, 150 ... ...
-
Leary v. Norfolk Southern Bus Corp.
...the question of contributory negligence of plaintiff McDuffie, see McNair v. Dr. Kilmer & Co., 210 N.C. 65, 185 S.E. 481; Hughes v. Luther, 189 N.C. 841, 128 S.E. 145. As questions presented by the other exceptive assignments of error may not again arise we refrain from discussion thereof. ......