Page v. Mclamb
| Decision Date | 16 June 1939 |
| Docket Number | No. 752.,752. |
| Court | North Carolina Supreme Court |
| Parties | PAGE. v. McLAMB. |
Appeal from Superior Court, Durham County; Q. K. Nimocks, Jr., Judge.
Action by Ira Page, trading as Page Oil Company, against I. B. McLamb, for property damage caused by collision between tractor and truck. From a judgment on a verdict for plaintiff, defendant appeals.
Affirmed.
Ezra Parker, of Benson, and Bennett & McDonald, of Durham, for appellant.
Oscar G. Barker, of Durham, for appellee.
This is an action to recover property damage caused by a collision of the plaintiff's tractor and trailer with the defendant's truck upon the public highway.
There was allegation and evidence tending to prove that the defendant's truck was parked at least partially on the hardsurface of the road in the nighttime without lights either in front or rear, and that the driver of the plaintiff's tractor did not observe the truck in time to avoid colliding with it. This was sufficient to deny the defendant's motion for nonsuit. Williams v. Express Lines, 198 N.C. 193, 51 S.E. 197; Cole v. Koonce, 214 N.C. 188, 198 S.E. 637; Clarke v. Martin, 215 N.C. 405, 2 S.E.2d 10.
We have examined the exceptions preserved to portions of the evidence and find therein no prejudicial error.
Since the jury, under a charge to which no exceptions were taken, has answered the issues against the defendant, the judgment predicated upon the verdict must be affirmed.
No error.
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- Thomas v. Lines, 103.
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Thomas v. Thurston Motor Lines
... ... roads during the nighttime. If Dorman did this, he was guilty ... of negligence per se. Page v. McLamb, 215 N.C. 789, ... 3 S.E.2d 275; Clarke v. Martin, 215 N.C. 405, 2 ... S.E.2d 10; Cook v. Horne, 198 N.C. 739, 153 S.E ... 315 ... ...
- Pascal v. Burke Transit Co, 308.
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Pascal v. Burke Transit Co.
... ... jury and not for the Court on motion for nonsuit. Barlow v ... Bus Lines, supra; Page v. McLamb, 215 N.C. 789, 3 ... S.E.2d 275; Clarke v. Martin, 215 N.C. 405, 2 S.E.2d ... 10; Cole v. Koonce, 214 N.C. 188, 198 S.E. 637; ... ...