The provisions of our statute linking it unlawful for any person to park or leave standing any vehicle, whether attended or unattended, upon any highway, is subject to cktain exceptions. G. S., 20-161, subsection (c).
Whether the corporate defendant’s truck was temporarily disabled and came within the above exception, is not disclosed. However, the corporate defendant alleges in its answer, that at tin time of the collision, its truck was properly lighted and was. proceeding eastwardly on Yernon Avenue, in the City of Kinston, at a speed betveen 10 and 15 miles per hour. No evidence was offered in .support of tlese allegations, since the motion for judgment of nonsuit was granted at the close of plaintiff’s evidence. Nevertheless, if it be conceded the defendants were guilty of negligence, we think the plaintiff’s evidence established contributory negligence as a matter of law.
The appellant is relying on the case of Cummins v. Fruit Co., 225 N. C., 625, 36 S. E. (2d), 11. We do not think that case is controlling on the record before us. There the defendant’s truck had been parked on a highway, outside of a business or residential district, without lights of any kindj in violation of Gr. S., 20-161. The weather was misty, foggy *777and drizzling rain. And at ti time tbe plaintiff was approaching the parked vehicle, he was meetig an automobile which necessitated the dimming of his lights, and thj headlights of the oncoming car temporarily blinded him until it watoo late to stop his car before colliding with the rear end of defendanlj truck. Here the plaintiff met no other vehicle, but was driving his ¡itomobile with dimmed lights, along a street in the City of Kinston, a|5 :00 o’clock in the morning, through fog and mist that was so heavy hijheadlights would, not give him visibility for a distance of five feet, fivejeet above the ground. Even so, he proceeded to drive his ear under itch conditions, at a rate of speed of 25 miles per hour. He also testifk that “under the conditions existing that morning, he could have seen aipbject right down the highway for about 200 feet,” but explained that nat happened he had dimmed his lights and they were shining down rider the truck and that prevented him from seeing it until he was tocjclose to it to attempt to stop before colliding with it. He testified tjit if he had seen the truck 4 or 5 feet before he collided with it, he (juld have stopped. Yet he collided with the rear end of defendant’s trek with such force as to sustain serious physical injuries and damaged is car, he alleges, to the extent of $320.00.
The evidence discloses a failre on the part of the plaintiff to exercise reasonable care for his own sjety. He was operating his car in such manner and at such speed as tdnake it impossible for him to stop within the range of his lights. As a latter of fact, according to the plaintiff’s own testimony, when he camijmfficiently close to the corporate defendant’s parked truck for it to b^Vithin the range of his headlights, he was too close to it to even attempto stop. His negligence was at least one of the proximate causes of h injury, and that is sufficient, to defeat a recovery. Weston v. R. R., 94 N. C., 210, 139 S. E., 237; Stallings v. Transport Co., 210 N. C., 20, 185 S. E., 643; Lee v. R. R., 212 N. C., 340, 193 S. E., 395; Powers v. Sternberg, 213 N. C., 41, 195 S. E., 88; Beck v. Hooks, 218 N. C., 10, 10 S. E. (2d), 608; Godwin v. R. R., 220 N. C., 281, 17 S. E. (2d), 13; Peoples v. Fulk, 220 N. C., 635, 18 S. E. (2d), 203; Pike v. Seymour N. C., 42, 21 S. E. (2d), 884; Allen v. Bottling Co., 223 N. C., 11, 25 S. E. (2d), 388; McKinnon v. Motor Lines, ante, 132, 44 S. E. (l), 735; Tyson v. Ford, post, 778.
The judgment of the coijfc below is
Affirmed.