Brown v. Hale

The only question is whether plaintiff’s action should have been nonsuited.

Uncontradicted evidence tends to show: The collision occurred March 13, 1962, about 8:00 p.m., on a portion of Interstate Highway No. 85 approximately three miles west of the Durham County-Orange County line. Interstate 85 has four (each 12 feet wide) concrete traffic lanes. The two lanes for westbound traffic are separated from the two lanes for eastbound traffic by a 50-foot grass median. Adjoining on the north the outer (right) concrete lane for westbound traffic is an 11-foot wide hard surface (asphalt) shoulder.…