Riggs v. Akers Motor Lines, Inc.

The evidence, considered in the light most favorable to the plaintiffs, tends to establish the following facts: the McBane filling station and store is located about one mile east of Mebane on the north side of Highway 70 and about 85 feet back from the center of the highway; about 3:00 p.m. on the afternoon of 22 January 1949 the defendant Chase was operating a loaded tractor-trailer, going west on Highway 70 between Efland and Mebane; shortly after the truck came over a rise in the road some distance east of the store, witnesses heard the sound of what seemed to be screaming brakes. The…