Petree v. Johnson

Original defendant’s first assignment of error challenges the trial court’s granting the motions for involuntary nonsuit of his counterclaim.

Original defendant testified that he saw the plaintiff’s car when it was 310 feet away, by measurements made by him; that there was nothing to prevent his seeing her car; that he saw her and then stopped (on cross-examination) or saw her “just about the time I come to a stop” (on redirect examination); that he put on his signal lights and made a “square turn” into his driveway and was hit by plaintiff. He testified that he did not know how fast plaintiff…