Peeden v. Tait, 244
Citation | 254 N.C. 489,119 S.E.2d 450 |
Decision Date | 19 April 1961 |
Docket Number | No. 244,244 |
Parties | Pearl B. PEEDEN v. Alexander Hardy TAIT. |
Court | North Carolina Supreme Court |
Finch, Narron, Holdford & Holdford, Wilson, for plaintiff-appellant.
Battle, Winslow, Merrell, Scott & Wiley, Robert L. Spencer, Rocky Mount, for defendant-appellee.
Plaintiff first stresses for error the allowance of the defendant's motion of nonsuit at the close of all the evidence. In such case the evidence is to be viewed in the light most favorable to the plaintiff, giving to her the benefit of every reasonable inference to be drawn therefrom, and assuming to be true all the facts in evidence tending to support her cause of action. Ervin v. Cannon Mills Co., 233 N.C. 415, 64 S.E.2d 431; Clontz v. Krimminger, 253 N.C. 252, 116 S.E.2d 804; Mattingly v. North Carolina R. Co., 253 N.C. 746, 117 S.E.2d 844.
In her complaint the plaintiff alleges in substance that the defendant was actionably negligent in that he (1) drove at an excessive rate of speed in violation of the speed statute (G.S. § 20-141), (2) failed to maintain a proper lookout, and (3) did not have his car under proper control. As tending to support the foregoing allegations the plaintiff testified as follows:
This evidence when viewed in the light most favorable to the plaintiff is sufficient to justify, though not necessarily to impel, the inference of negligence on the part of the defendant. Hence, an issue arises for the determination of the jury. Newman v. Queen City Coach Co., 205 N.C. 26, 169 S.E. 808; Cooley v. Baker, 231 N.C. 553, 58 S.E.2d 115; Jernigan v. Jernigan, 236 N.C. 430, 72 S.E.2d 912.
This testimony would support the inference that the plaintiff had determined that it was safe for her to make the turn and that the defendant was driving at an excessive speed or failed to keep a proper lookout in the direction of travel, thereby proximately causing the collision.
The rule in this State is that the operator of an...
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Spivey v. Babcock & Wilcox Co., 195
...does it establish plaintiff's contributory negligence so clearly that no other conclusion can be reasonably drawn from it? Peeden v. Tait, 254 N.C. 489, 119 S.E.2d 450. The covering which defendant had provided for the manhole was made with 'inch boards' nailed to 2X4's. Between each of the......
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Johnson v. Bass, 236
...of the original and the additional defendants. Blalock v. Hart, 239 N.C. 475, 80 S.E.2d 373, and cited cases. See also Peeden v. Tait, 254 N.C. 489, 119 S.E.2d 450, and King v. Powell, 252 N.C. 506, 114 S.E.2d This assignment of error is sustained and the judgment as of nonsuit as to the ad......
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Wooten v. Russell, 235
...on dominant and servient highways when approaching an intersection has been stated in numerous cases. It is said in Peeden v. Tait, 254 N.C. 489, 119 S.E.2d 450, 452: 'The rule in this State is that the operator of an automobile traveling upon a main or through highway and approaching a cro......
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Redden v. Bynum, 599
...the question of whether defendant was negligent in travelling at excessive speed and in failing to keep a proper lookout. Peeden v. Tait, 254 N.C. 489, 119 S.E.2d 450. Evidence tending to show that a motorist was driving his car on a bright moonlight night on a straight highway, a mule star......