Wise v. Tarte

The evidence taken in the most favorable aspect for plaintiff would permit a jury to find these facts: Defendant was, on Sunday, July 24, 1960, driving westwardly on U.S. 74 from Wilmington toward Whiteville. It was a clear day. Pie reached Delco about 6 p.m. The road from that point for more than a mile to the west, the direction in which defendant was traveling, was straight and practically level. It was paved, 22 feet in width, with 8 foot shoulders on each side. The road crosses Livingston’s Creek .8 of a mile west of Delco. A filling station, on the north side of the highway, is 150-175…