Stewart v. . Stewart

Supreme Court of North Carolina

Stewart v. . Stewart

19 S.E.2d 242, 221 N.C. 147, 1942 N.C. LEXIS 415

CourtSupreme Court of North Carolina

DecidedMarch 25, 1942

StatusPublished

Cited by1 cases

This text of 19 S.E.2d 242 (Stewart v. . Stewart) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stewart v. . Stewart, 19 S.E.2d 242, 221 N.C. 147, 1942 N.C. LEXIS 415 (N.C. 1942).

Pincite

Opinion

Devin, J.

Plaintiff is tbe wife of tbe defendant. On tbe occasion alleged, about 8:30 p. m., sbe was a passenger in an automobile being driven by tbe defendant along tbe bigbway. Sbe testified tbat tbe defendant, in a sudden effort to avoid collision witb another automobile wbicb bad been backed into tbe bigbway, drove bis automobile, in wbicb plaintiff was riding, off tbe road and caused it to overturn, inflicting a serious personal injury. Sbe further testified tbat defendant was driving at a speed of sixty to sixty-five miles per hour, and tbat bis automobile headlights were defective. Tbe automobile wbicb bad backed into tbe bigbway was about tbe middle of tbe bigbway and apparently was not in motion. Tbe pavement was eighteen feet wide, witb shoulders, and tbe road was straight.

Tbe plaintiff’s evidence, taken in tbe light most favorable for her, would seem to indicate that tbe defendant was driving bis automobile at such a high rate of speed tbat be was unable to stop, or turn aside safely, within tbe distance be could observe objects on tbe road by tbe lights of bis automobile. Beck v. Hooks, 218 N. C., 105, 10 S. E. (2d), 608; Michie’s N. C. Code, secs. 2621 (288), 2621 (278).

"Without discussing the evidence in detail, we think it was of sufficient probative force to require submission to the jury.

Tbe judgment of nonsuit is

Reversed.

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Devin, J.

Plaintiff is tbe wife of tbe defendant. On tbe occasion alleged, about 8:30 p. m., sbe was a passenger in an automobile being driven by tbe defendant along tbe bigbway. Sbe testified tbat tbe defendant, in a sudden effort to avoid collision witb another automobile wbicb bad been backed into tbe bigbway, drove bis automobile, in wbicb plaintiff was riding, off tbe road and caused it to overturn, inflicting a serious personal injury. Sbe further testified tbat defendant was driving at a speed of sixty to sixty-five miles per hour, and tbat bis automobile headlights were defective. Tbe automobile wbicb bad backed into tbe bigbway was about tbe middle of tbe bigbway and apparently was not in motion. Tbe pavement was eighteen feet wide, witb shoulders, and tbe road was straight.

Tbe plaintiff’s evidence, taken in tbe light most favorable for her, would seem to indicate that tbe defendant was driving bis automobile at such a high rate of speed tbat be was unable to stop, or turn aside safely, within tbe distance be could observe objects on tbe road by tbe lights of bis automobile. Beck v. Hooks, 218 N. C., 105, 10 S. E. (2d), 608; Michie’s N. C. Code, secs. 2621 (288), 2621 (278).

"Without discussing the evidence in detail, we think it was of sufficient probative force to require submission to the jury.

Tbe judgment of nonsuit is

Reversed.

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19 S.E.2d 242, 221 N.C. 147, 1942 N.C. LEXIS 415, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stewart-v-stewart-nc-1942.

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