(Filed 13 April, 1966.)
Appeal by defendant from Walker, S.J., October 4, 1965 Civil Session, PERSON Superior Court. ¿
This civil action was instituted by Early R. Wilson, Administrator of Buddy Ross Wilson, to recover damages for his intestate’s wrongful death, allegedly caused by the actionable negligence of the defendant, Lawrence Lawson.
The pleadings and the plaintiff’s evidence tended to show that on the night of August 22, 1964, at about 11:50, plaintiff’s intestate was driving his 1954 Ford south on Highway 501 near Roxboro, slowed down, gave a left turn signal preparatory to entering Highway No. 1205. In making the turn, his Ford was demolished by a 1953 Buick, owned and being driven south by the defendant who attempted to pass on intestate’s left as he was in the act of crossing to enter 1205. Intestate was killed instantly.
The highway patrolman who investigated the accident, testified. “To the north of the intersection ... is a yellow line which indicates a ‘no passing zone.’ ” The defendant crossed this line. The defendant’s Buick left 202 feet of skid marks. A passenger in the Ford said the left turn signal light was blinking at the time the deceased attempted to make the left turn. The impact occurred as the intestate was in the act of completing his entry into the side road.
The defendant, by answer, denied negligence, pleaded the contributory negligence of the plaintiff’s intestate in that he turned left without any sign of such intent. However, the defendant did not offer evidence. The jury answered issues, finding the defendant was guilty of actionable negligence, that the intestate was not guilty of contributory negligence, and fixed the award of damages at $10,000.00. From judgment in accordance with the verdict, the defendant appealed.
Haywood, Denny & Miller by George W. Miller, Jr., James H. Johnson, III, Donald J. Dorey for plaintiff appellee.
Charles B. Wood for defendant appellant.
Per Curiam.
The pleadings raise issues of negligence, contributory negligence, and damages. The evidence was sufficient to support the issues of defendant’s negligence and the damages to the intestate’s estate. The evidence does not show contributory negli*104gence as a matter of law. The burden of such a showing was on the defendant, which he did not attempt to carry by introducing evidence.
No error.
Moore, J., not sitting.