Davis v. Gamble

WHICHARD, Judge.

The following evidence was uncontroverted:

Plaintiffs agent and employee, Roy Dexter Mozingo, was operating plaintiffs tractor-trailer truck (hereinafter “truck”) in a *618southerly direction on N.C. Highway 903. Defendant Oliver’s agent and employee, defendant Gamble, was operating defendant Oliver’s farm tractor and tobacco trailer in the same direction at the same time, some distance in front of Mozingo. As Mozingo approached the tractor-trailer driven by Gamble, he moved into the passing lane for the purpose of going around it. Gamble also moved the tractor and trailer into the…