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263 N.C. 245

Smith v. Jones

Supreme Court of North Carolina

Decided December 16, 1964

Supreme Court of North Carolina · decided 1964-12-16

Cited by 3 later decisions — most recently April 1978

3 state decisions

Key passage — most relied on by later courts

““We concede this is a very close case. Even so, in view of the fact that a motor vehicle approaching the intersection involved from the north of Rockford Street cannot be seen until it arrives at or near the crest of the hill, approximately 145 to 150 feet from the intersection, we think the evidence of the plaintiff, when considered in the light most favorable to her, as it must be on a motion for nonsuit, is sufficient to carry the case to the jury.””

quoted by 1 later decision, including Rozier v. Lancaster

Relies on Howard v. Melvin

Good law ✅— No negative treatment on recordhow we know

Decided 1964-12-16

View the full empirical analysis of this case →

PeR CoRiam.

¶1We concede this is a very close case. Even so, in view of the fact that a motor vehicle approaching the intersection involved from the north of Rockford Street cannot be seen until it arrives at or near the crest of the hill, approximately 145 to 150 feet from the intersection, we think the evidence of the plaintiff, when considered in the light most favorable to her, as it must be on a motion for nonsuit, is sufficient to carry the case to the jury.

¶2*247We think there is a substantial difference between the factual situation in the case of Howard v. Melvin, 262 N.C. 569, 138 S.E. 2d 238, and the present case. There, the evidence tended to show that plaintiff had stopped at a stop sign 39 feet away from the intersection with the dominant highway, and proceeded to enter the intersection without looking again to see if any traffic was approaching from either direction. The evidence further tended to show that had the plaintiff looked before entering the intersection, he had a clear view for one-quarter to one-half mile to the south, the direction from which the car was traveling that collided with his truck.

¶3The judgment below is

¶4Reversed.

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