230 N.C. 269

MYRTLE ALLMAN GLADDEN, Administratrix of the Estate of ROBERT E. GLADDEN, v. CHARLES E. SETZER.

(Filed 13 April, 1949.)

*270 John Hugh Williams for plaintiff, appellant.

Hartsell & Hartsell and Covington & Lobdell for defendant, appellee.

EeviN, J.

When the evidence favorable to plaintiff is accepted as true, and the conflicts therein are resolved in her favor, and the inconsistent testimony of the defendant is ignored, it is apparent that the plaintiff’s evidence is sufficient to support an inference that the defendant violated G.S. 20-146 by failing to drive his tractor-trailer combination on his right half of the highway and thereby proximately caused the death of the plaintiff’s intestate. Hoke v. Greyhound Corp., 226 N.C. 692, 40 S.E. 2d 345; Wyrich v. Ballard Co., Inc., 224 N.C. 301, 29 S.E. 2d 900; Coach Co. v. Lee, 218 N.C. 320, 11 S.E. 2d 341; Williams v. Woodward, 218 N.C. 305, 10 S.E. 2d 913; Stovall v. Ragland, 211 N.C. 536, 190 S.E. 899; Hancock v. Wilson, 211 N.C. 129, 189 S.E. 631. Hence, the ease ought to have been submitted to the jury. Bundy v. Powell, 229 N.C. 707, 51 S.E. 2d 307. The judgment of nonsuit is

Reversed.

Gladden v. Setzer
230 N.C. 269

Case Details

Name
Gladden v. Setzer
Decision Date
Apr 13, 1949
Citations

230 N.C. 269

Jurisdiction
North Carolina

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