Smith v. Buie

Does plaintiff’s evidence, taken in the light most favorable to her, so clearly establish contributory negligence that no other reasonable inference or conclusion can be drawn therefrom? See Horton v. Peterson, 238 N.C. 446, 78 S.E. 2d 181. In his brief, defendant poses this question as determinative.

The relative rights and duties of motorists approaching an intersection, one on a dominant street or highway and the other on a servient street or highway, are fully explained by Barnhill, C. J., Marshburn v. Patterson, 241 N.C. 441, 85 S.E. 2d 683. In that case, upon which defendant places chief…