A careful examination of the record, in our opinion, reveals no prejudicial error that would justify a new trial.
Affirmed.
Raines v. Black, 259 N.C. 292 (1963)
April 17, 1963
·
Supreme Court of North Carolina
259 N.C. 292
MARY H. RAINES v. DAISY W. BLACK.
(Filed 17 April 1963.)
Appeal by plaintiff from Olive, J., December Civil Term 1962 of RICHMOND.
This is an action for damages to plaintiff’s automobile arising out of an automobile collision which occurred on 27 October 1961, in the daytime, in a congested community about five miles north of Ellerbe, North Carolina.
The collision occurred at the intersection of Highway No. 73 and the Old Ellerbe Road, a short distance north of the intersection of Highway No. 73 and U. S. Highway No. 220.
*293The evidence tends to show that the plaintiff’s agent and driver of her car was proceeding north on Highway No. 73 at an excessive rate of speed in a 35 miles per hour zone. Prior to the collision the defendant had pulled her car to the left of Highway No. 73 and had parked it in front of DeWitt’s Store, located «slightly to the south of the point where the Old Ellerbe Road deadends into Highway No. 73; that the defendant started her car and drove parallel with the highway in a northerly direction until she reached a point opposite the intersection of Highway No. 73 and the Old Ellerbe Road, when she turned right and was proceeding at a very slow rate of speed in an easterly direction to enter the Old Ellerbe Road, the plaintiff’s agent drove her car into the defendant’s car, practically demolishing both cars.
The issues of negligence and contributory negligence were answered in the affirmative. Judgment was entered accordingly. Plaintiff appeals, assigning error.
Page & Page for plaintiff appellant.
Bynum & Bynum for defendant appellee.