Tbe question chiefly debated on the defendants’ appeal in this Court was the correctness of the ruling below denying the defendants’ motion for judgment of nonsuit. While not conceding evidence of actionable negligence on the part of defendants, it was urged that from the plaintiff’s evidence it necessarily followed as a matter of law that he was chargeable with contributory negligence, barring recovery.
Keeping in mind the established rule that on the motion for nonsuit the evidence tending to support the plaintiff’s position must be considered in the light most favorable for him, and that he is entitled to the benefit of every reasonable inference to be drawn therefrom (Nash v. Royster, 189 N.C. 408, 127 S.E. 356), we think there was evidence of negligence on the part of the driver of defendants’ truck, in that he drove on his left side of the road in attempting to pass another motor vehicle proceeding in the same direction at a time when he was within 300 feet of a curve, his vision obscured by a heavy fog, at a speed of 35 to 40 miles per hour, and meeting an oncoming automobile traveling in the lane of traffic into which he had thus driven his truck. Plaintiff’s evidence would seem to indicate not only failure on defendants’ part to observe the rule of the prudent man under the circumstances, but also to show violation of several provisions of the statutes regulating the operation of motor vehicles on the highway. G.S. 20-141 (c) ; G.S. 20-148; G.S. 20-150. Accordingly evidence of such improper and unlawful conduct, proximately resulting in injury to the plaintiff, warranted submission to the jury of the issue of defendants’ negligence. Joyner v. Rail, 210 N.C. 663, 188 S.E. 209; Tarrant v. Bottling Co., 221 N.C. 390, 20 S.E. 2d 565; Conley v. Pearce-Young-Angel Co., 224 N.C. 211, 29 S.E. 2d 740.
The defendants both by their motion to nonsuit and by prayers for peremptory instructions to the jury present the question whether from the evidence of the plaintiff there was such a showing of contributory negligence on his part as to preclude recovery. For the determination of the question thus raised the rule is that judgment of nonsuit on the ground of contributory negligence should not be granted “unless the plaintiff’s evidence, taken in the light most favorable to him, so clearly establishes such negligence that no other reasonable inference or conclusion can be drawn therefrom.” Dawson v. Transportation Co., ante, 36. And in the consideration of this motion the court “must ignore that which tends to establish another and different state of facts or which tends to contradict or impeach the testimony presented by the plaintiff.” Bundy v. Powell, 229 N.C. 707, 51 S.E. 2d 307. To justify the allowance of the defendants’ motion on this ground contributory negligence must be established by plaintiff’s evidence so clearly that no other conclusion seems permissible. Atkins v. Transportation Co., 224 N.C. 688, *39832 S.E. 2d 209. “As tbe burden of proof upon tbe issue of contributory negligence, was upon defendants, it is tbe settled rule in tbis jurisdiction that judgment of nonsuit on tbis ground can be rendered only wben a single inference, leading to that conclusion, can be drawn from tbe evidence.” Hampton v. Hawkins, 219 N.C. 205, 13 S.E. 2d 227; Hobbs v. Drewer, 226 N.C. 146, 37 S.E. 2d 121; Cole v. Koonce, 214 N.C. 188, 198 S.E. 637; Manheim v. Taxi Corp., 214 N.C. 689, 200 S.E. 382.
Examining tbe evidence in tbis case in tbe light of these principles, we find tbis factual situation: According to plaintiff’s testimony, on an early morning in June be was driving an automobile east along tbe highway at a speed of 30 to 35 miles per hour, a fog limiting bis vision to 100 to 125 feet, wben suddenly there loomed out of tbe fog tbe bulk of a large tractor-trailer bearing down on him in bis or south lane of traffic at a distance of 100 feet. As tbe width of tbe pavement was only 18 feet, and tbe truck, 8 feet wide, was in tbe act of passing another automobile proceeding in same direction, tbe entire roadway was blocked, and the truck was traveling toward him at tbe rate of 35 to 40 miles per hour. As tbe plaintiff expressed it, tbis sudden emergency required “split-second” action. He immediately applied bis brakes and kept bis course. Guthrie v. Gocking, 214 N.C. 513, 199 S.E. 707. But tbe surface of tbe asphalt pavement was moist as result of tbe fog, and tbe application of brakes caused tbe tires to skid and tbe automobile after moving forward 6 feet veered slightly to tbe left, so that tbe left front wheel was 19 inches over tbe center line of tbe road wben it struck defendants’ tractor which bad been pulled to the right, leaving tbe trailer still in tbe south lane of traffic. Under circumstances requiring instant action, according to bis testimony, plaintiff did not turn bis automobile to tbe left, and did not have time to turn it back to tbe right; could not, on account of the fog which was denser near tbe ground, see to drive on tbe shoulder or in tbe ditch on bis right if be bad bad room or time to do so. He testified if be bad not skidded but gone straight be might have missed tbe tractor but would have bit the trailer.
On tbe other band the defendants call attention to the admitted fact that tbe collision occurred 19 inches over the plaintiff’s left side of the center of tbe road, and it is argued that according to plaintiff’s statement there is the reasonable inference to be drawn therefrom that be could and should have controlled the movement of bis automobile and turned it back to the right in time to have avoided tbe collision. Tbe defendants further call attention to tbe testimony of tbe highway patrolman as to tbe tire marks be observed on the highway tending to show that the brakes on plaintiff’s automobile were applied 90 feet from the point of impact, and that after moving straight 12 to 15 feet, the tires slipped or skidded *399sidewise for "75 or 78 feet to the collision, 2 feet over the center line of the road. The defendants deduce from this that plaintiff was driving at so high a speed that he could not control his automobile, and that under the circumstances of fog and moist pavement his speed showed a total disregard for the requirements of ordinary prudence, was under the circumstances negligent, and constituted a proximate contributing cause to his injury. However, the evidence of the patrolman was offered by the defendants and was not admitted by the plaintiff, and may not be considered on the motion to nonsuit. The credibility of the witness was a matter for the jury. The- rule as stated by Chief Justice Stacy in Harrison v. R. R., 194 N.C. 656, 140 S.E. 598, is that in considering the motion for nonsuit “the defendant’s evidence, unless favorable to the plaintiff, is not to be taken into consideration, except when not in conflict with the plaintiff’s evidence, it may be used to explain or make clear that which has been offered by the plaintiff.” Gregory v. Ins. Co., 223 N.C. 124, 25 S.E. 2d 398; Bundy v. Powell, supra. The plaintiff testified the truck was only 100 feet away when he was first able to see it, and that it was approaching on his side of the road at 35 to 40 miles per hour. He points out that according to the testimony the driver of defendants’ truck first slightly accelerated his speed, then slackened, so that though plaintiff applied his brakes and materially reduced his speed, not mucji more than a few seconds could have elapsed before the truck traversed the remaining portion of the space of 100 feet that on first view separated the meeting vehicles, and that if the plaintiff’s evidence be accepted with all permissible inferences in his favor, his automobile could not have skidded 90 feet, or 75 feet sidewise, in the direction of the rapidly approaching truck within the time and space shown by plaintiff’s testimony. Moreover, plaintiff testified to the contrary. He denied that he skidded anything like 90 feet. He said that when he applied his brakes he went straight 3 or 4 or 5 feet, and then skidded to the left, and that the entire distance covered was not more than 10 feet. He declared he did not turn his automobile to the left. It may be that plaintiff was mistaken, and that the distance between the vehicles was much greater than that stated by him; or he was traveling much faster than the limit he fixed. Here was a conflict in the testimony which the court properly submitted to the triers of the fact. Conflicting testimony necessitates trial by jury. Stallings v. Ins. Co., ante, 304; Lavender v. Kurn, 327 U.S. 645 (653). The mere fact of the skidding of plaintiff’s automobile without other evidence of fault on his part, would not necessarily impute negligence to the driver. Springs v. Doll, 197 N.C. 240, 148 S.E. 251; Butner v. Whitlow, 201 N.C. 749, 161 S.E. 389; Waller v. Hipp, 208 N.C. 117, 179 S.E. 428; Clodfelter v. Wells, 212 N.C. 823, 195 S.E. 11; Williams *400 v. Thomas, 219 N.C. 727, 14 S.E. 2d 797; Hoke v. Greyhound Corp., 227 N.C. 412 (420), 42 S.E. 2d 593. The circumstances here were materially different from those appearing in York v. York, 212 N.C. 695, 194 S.E. 486. In judging plaintiff’s conduct on this occasion consideration must be given to the sudden emergency with which, according to his testimony, he was confronted, and he should not be “held to the same deliberation or circumspect care as in ordinary conditions.” Hinton v. R. R., 172 N.C. 587, 90 S.E. 756. The standard of conduct is that of the prudent man under like circumstances. According to plaintiff’s testimony the emergency was created by the negligent conduct of the defendants. Under these circumstances the rule is stated in Ingle v. Cassady, 208 N.C. 497, 181 S.E. 562, as follows: “One who is required to act in emergency is not held by the law to the wisest choice of conduct, but only to such choice as a person of ordinary care and prudence, similarly situated, would have made.” Hoke v. Greyhound Corp., supra; Butner v. Spease, 217 N.C. 82, 6 S.E. 2d 808; Beck v. Hooks, 218 N.C. 105, 10 S.E. 2d 608; Sparks v. Willis, 228 N.C. 25, 44 S.E. 2d 343.
We do not think the plaintiff’s own testimony “proves him out of court” (Hayes v. Tel. Co., 211 N.C. 192, 189 S.E. 499; Godwin v. R. R., 220 N.C. 281, 17 S.E. 2d 137), nor are there indisputable physical facts which necessarily negative his oral evidence. Powers v. Sternberg, 213 N.C. 41, 195 S.E. 88; Wallace v. Longest, 226 N.C. 161, 37 S.E. 2d 112. Driving at 30 to 35 miles per hour, with objects on or moving along the highway visible for 100 to 125 feet, would not seem to compel the conclusion that he was driving faster than his ability to stop within that distance. Tyson v. Ford, 228 N.C. 778, 47 S.E. 2d 251; Allen v. Bottling Co., 223 N.C. 118, 25 S.E. 2d 388; Caulder v. Gresham, 224 N.C. 402, 30 S.E. 2d 312.
After careful consideration of the record in the case at bar, in relation to the defendants’ motion, we cannot hold as a matter of law that on the evidence presented by the plaintiff his conduct on this occasion, under the circumstances as detailed by him, fell below the required standard of reasonable care and prudence, nor do we think on this'evidence contributory negligence has been so clearly established that no other reasonable inference can be drawn therefrom. The issue of contributory negligence was for the jury rather than the court, and there was no error in refusing the peremptory instruction prayed for.
The defendants noted numerous exceptions to the judge’s charge, but upon an examination of the charge as a whole we think the trial judge stated the principles of law applicable to the determinative issues in substantial accord with well considered decisions of this Court, and we are unable to find error therein, or in the rulings on the reception of testimony, which would warrant awarding another hearing. The jury *401bas determined the facts in favor of the plaintiff, and the result will not be disturbed.
In the trial we find
No error.
Stacy, C. J., took no parkin the consideration or decision of this case.