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260 N.C. 524

133 S.E.2d 195

Harris v. Parris

Supreme Court of North Carolina

Decided November 20, 1963

Supreme Court of North Carolina · decided 1963-11-20

Relies on Butner v. . Spease · Butner v. Spease · Hyder v. ASHEVILLE STORAGE BATTERY COMPANY

Good law ✅— No negative treatment on recordhow we know

Decided 1963-11-20

How this case has been cited

Cited by 8 later decisions — most recently August 1991

8 state decisions

401963197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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HiggiNS, J.

¶1 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.

¶2 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.

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

¶4 As .tlo- Defendant© Parris — No error.

¶5 As to defendants Whitley and Harris- — -Reversed.

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