Supreme Court of North Carolina, 1965

Nix v. Earley

Nix v. Earley
Supreme Court of North Carolina · Decided February 24, 1965
263 N.C. 795; 140 S.E.2d 402; 1965 N.C. LEXIS 1373

Nix v. Earley

Opinion of the Court

Per Curiam.

After careful and full consideration of the evidence, we are of opinion, and so decide, that there is no evidence sufficient to support plaintiff’s allegation that Lonnie Nix was crossing Highway #70 within an unmarked crosswalk at an intersection. G.S. 20-173; G.S. 20-174; G.S. 20-38(1).

If it be conceded that the evidence was sufficient to require submission of an issue as to defendant’s actionable negligence, it is manifest, that the negligence of Lonnie Nix was at least one of the proximate causes of his fatal injuries. The only reasonable conclusion to be drawn from the evidence is that Lonnie Nix, notwithstanding he could and should have observed the approach of defendant’s car, walked or ran directly into the path thereof. The applicable legal principles are stated in Blake v. Mallard, 262 N.C. 62, 136 S.E. 2d 214, and cases cited.

On the grounds stated, the judgment of involuntary nonsuit is affirmed.

Affirmed.

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