Page v. . McLamb

3 S.E.2d 275, 215 N.C. 789, 1939 N.C. LEXIS 371

• Court: Supreme Court of North Carolina
• Decided: June 16, 1939
• Status: Published

Opinion

Per Curiam.

This is an action to recover property damage caused by a collision of tbe plaintiff’s tractor and trailer with tbe defendant’s truck upon tbe public highway.

There was allegation and evidence tending to prove tbat tbe defendant’s truck was parked at least partially on tbe bard surface of tbe road in tbe nighttime without lights either in front or rear, and tbat tbe driver of tbe plaintiff’s tractor did not observe tbe truck in time to avoid colliding with it. This was sufficient to deny tbe defendant’s motion for nonsuit. Williams v. Express Lines, 198 N. C., 193; Cole v. Koonce, 214 N. C., 188; Clarke v. Martin, ante, 405.

We have examined tbe exceptions preserved to portions of the evidence and find therein no prejudicial error.

Since tbe jury, under a charge to wbicb no exceptions were taken, has answered tbe issues against tbe defendant, tbe judgment predicated upon tbe verdict must be affirmed.

No error.