Rosser v. Smith

Plaintiff’s sole -assignment of error is to the judgment of compulsory nonsuit.

Plaintiff’s intestate was struck by defendant’s automobile about 7:55 a.m. on 14 November 1961 on -rural road #1415, known as the Colon road, in Lee County. This -is a ‘hard-surfaced road running generally north and- south, with pavement twenty feet wide and with shoulders five feet wide on each side. At the point plaintiff’s intestate was struck, the road is straight -and level with clear visibility 500 to 600 feet north of -this point and with -clear visibility -about the same distance to the south of this point.…