Cory v. . Cory

170 S.E. 629, 205 N.C. 205, 1933 N.C. LEXIS 505

Opinion

Pee Cueiam.

All the evidence offered by the plaintiff at the trial of this action showed that when he observed the approaching automobile, the defendant drove his automobile, in which the plaintiff was riding as his guest, on the right side of the highway, leaving ample space for the driver of the approaching automobile to pass in safety. There was no evidence tending to show a situation in which defendant was negligent in failing to drive his automobile off the highway onto the shoulder. He had a right to assume that the driver of the approaching automobile would drive to his right, and thus pass him without a collision. Shirley v. Ayers, 201 N. C., 51, 158 S. E., 340. The judgment dismissing the action is

Affirmed.