Page v. McLamb, 215 N.C. 789 (1939)

June 16, 1939 · Supreme Court of North Carolina

215 N.C. 789

IRA PAGE, Trading as PAGE OIL COMPANY, v. I. B. McLAMB.

(Filed 16 June, 1939.)

Automobiles §§ 14, 18g—

Evidence tbat defendant’s truck was parked on tbe side of the highway, at least partially on the hard surface, without lights, rear or front, and that the driver of plaintiff’s tractor did not observe the truck in time to avoid colliding with it, is held sufficient to overrule defendant’s motion to nonsuit.

Appeal by defendant from Nimocks, J., at January Term, 1939, of DURHAM.

Oscar G. Barker for plaintiff, appellee.

Ezra Parker and Bennett & McDonald for defendant, appellant.

Per Curiam.

This is an action to recover property damage caused by a collision of tbe plaintiff’s tractor and trailer with tbe defendant’s truck upon tbe public highway.

There was allegation and evidence tending to prove tbat tbe defendant’s truck was parked at least partially on tbe bard surface of tbe road in tbe nighttime without lights either in front or rear, and tbat tbe driver of tbe plaintiff’s tractor did not observe tbe truck in time to avoid colliding with it. This was sufficient to deny tbe defendant’s motion for nonsuit. Williams v. Express Lines, 198 N. C., 193; Cole v. Koonce, 214 N. C., 188; Clarke v. Martin, ante, 405.

We have examined tbe exceptions preserved to portions of the evidence and find therein no prejudicial error.

Since tbe jury, under a charge to wbicb no exceptions were taken, has answered tbe issues against tbe defendant, tbe judgment predicated upon tbe verdict must be affirmed.

No error.