Clark v. . Sweaney

ALLEN, J. dissenting; WALKER, J., concurring in the dissenting opinion. This was an action for damages for personal injury sustained by being struck and seriously injured by defendant's automobile, which was being driven by his son at 45 to 50 miles an hour, according to plaintiff's testimony, as with due care plaintiff was attempting to cross Main Street near the center of the business district of Durham. That the plaintiff was run over and injured and that the defendant was the owner of the automobile, that it was being driven by his son, and that the defendant's wife was in the automobile…