Harris v. Parris

133 S.E.2d 195, 260 N.C. 524, 1963 N.C. LEXIS 763

Opinion

HiggiNS, J.

The several defendants 'assign as error the -refusal of the court to -grant their motions for nonsuit. We may dismiss the Parris appeal by simply saying Mrs. Baras admitted she attempted to. turn left aaro-sis the three lanes for w-eSt-bound 'traffic, blocked1 the middle lane in which Whitley -approached1 the intersection without even- seeing the Chevrolet he was driving until the instant of impact. The court properly denied her motion for nonsuit.

Admittedly the defendant Whitley, operating the Annie Harris Chevrolet, -approached -and entered the intersection om the green- light. There is no opinion evidence of excessive speed. The physical evidence indicated lack of speed'. His vehicle left -eight feet of skid marks. After the .impact both vehicles were still in the intersection. As Whitley approached rtlhe intersection, intending -to- .continue through, he had the right to assume -and act on the assumption that -ail other travelers would observe the law iamd not block his lane by a left turn .until such movement /could be made in .safety. A left turn across an open travel lane leaves a through traveler little time and opportunity to avoid a collision. Under the 'circumstances here disclosed, W'hitl-ey, the through driver, with a green light, did not forfeit his right of way merely because the impeding 'driver may have touched the intersection first. The duty of Whitley on /this oieeaisiion required him to keep in his proper middle lane oif traffic. At the same time -he was -required to- give notice of any intended -change in direction through the intersection and, in the -absence of sucih notice, other travelers were required to- -assume that he intended to- continue through in his -proper lane of traffic. Evidence that he failed to- exercise due care in any particular is not disclosed1 by the record. Hudson v. Transit Co., 250 N.C. 435, 108 S.E. 2d 900; Bradham v. McLean Trucking Co., 243 N.C. 708, 91 S.E. 2d 891; Hyder v. Battery Co., 242 N.C. 553, 89 S.E. 2d 124; Butner v. Spease, 217 N.C. 82, 6 S.E. 2d 808; G.S. 20-155.

Evidence /of actionable -negligence o-n- the part of Whitley or Annie B. Harris -is lacking, and motions for nonsuit should have been- allowed.

As .tlo- Defendant© Parris — No error.

As to defendants Whitley and Harris- — -Reversed.