Johnson v. Heath

The facts in the recent case of Kelly v. Willis, 238 N.C. 637, 78 S.E. 2d 711, are different. In that case the mule suddenly emerged from the darkness north of the highway, trotted onto the highway and into the path of plaintiff’s oncoming truck, which was only 15 feet away. The driver saw the mule just as it emerged from the darkness, promptly applied his brakes, but could not stop before striking the mule. He could not turn to the left to avoid striking the mule, because of an approaching automobile on that part of the roadway.

It is the duty of the driver of an automobile to keep a…