From Casetext: Smarter Legal Research

Stewart v. Stewart

Supreme Court of North Carolina
Mar 1, 1942
19 S.E.2d 242 (N.C. 1942)

Opinion

(Filed 25 March, 1942.)

Automobiles § 18a —

Evidence tending to show that defendant was driving at a speed of 60 to 65 miles an hour and, in a sudden effort to avoid colliding with another automobile which had been backed into the highway and which was apparently not in motion at the time, drove off the road, causing the car to overturn, inflicting serious injury to plaintiff, a guest in the car, is held to require the submission of the case to the jury. Michie's N.C. Code, 2621 (288) (278).

APPEAL by plaintiff from Grady, Emergency Judge, at October Term, 1941, of HARNETT. Reversed.

Neill McK. Salmon for plaintiff, appellant.

Dupree Strickland and I. R. Williams for defendant, appellee.


This was an action to recover damages for a personal injury alleged to have been caused by the negligence of the defendant in the operation of an automobile. At the close of plaintiff's evidence motion for judgment of nonsuit was allowed, and plaintiff appealed.


Plaintiff is the wife of the defendant. On the occasion alleged, about 8:30 p. m., she was a passenger in an automobile being driven by the defendant along the highway. She testified that the defendant, in a sudden effort to avoid collision with another automobile which had been backed into the highway, drove his automobile, in which plaintiff was riding, off the road and caused it to overturn, inflicting a serious personal injury. She further testified that defendant was driving at a speed of sixty to sixty-five miles per hour, and that his automobile headlights were defective. The automobile which had backed into the highway was about the middle of the highway and apparently was not in motion. The pavement was eighteen feet wide, with shoulders, and the road was straight.

The plaintiff's evidence, taken in the light most favorable for her, would seem to indicate that the defendant was driving his automobile at such a high rate of speed that he was unable to stop, or turn aside safely, within the distance he could observe objects on the road by the lights of his automobile. Beck v. Hooks, 218 N.C. 105, 10 S.E.2d 608; Michie's N.C. Code, secs. 2621 (288), 2621 (278).

Without discussing the evidence in detail, we think it was of sufficient probative force to require submission to the jury.

The judgment of nonsuit is

Reversed.


Summaries of

Stewart v. Stewart

Supreme Court of North Carolina
Mar 1, 1942
19 S.E.2d 242 (N.C. 1942)
Case details for

Stewart v. Stewart

Case Details

Full title:MRS. ESTELLE C. STEWART v. C. GUY STEWART

Court:Supreme Court of North Carolina

Date published: Mar 1, 1942

Citations

19 S.E.2d 242 (N.C. 1942)
19 S.E.2d 242

Citing Cases

Wells v. Burton Lines, Inc.

The ruling of the court below in overruling the defendant Johnson's motion for judgment as of nonsuit as to…