Lee v. Robertson Chemical Corp.

Motion for judgment of nonsuit was properly denied, but we think defendant’s exception to a material portion of the court’s instruction to the jury must be sustained. The court charged the jury that it was the duty of defendant’s driver in approaching the street intersection, under the law, to stop before entering, and “that if he failed to stop that would make him guilty of negligence per se, that is, negligence in itself.” In view of the decisions of this Court in Hill v. Lopez, 228 N. C. 433, 45 S. E. (2) 539; Nichols v. Goldston, 228 N. C. 514, 46 S. E. (2) 320; Swinson v. Nance, 219 N.…