Clark ex rel. Clark v. Jackson

The only question presented by this appeal is whether plaintiff offered sufficient evidence of defendant’s negligence to require submission of the case to the jury. We hold that he did.

Defendant relies heavily on Webb v. Clark, 264 N.C. 474, 141 S.E. 2d 880. He contends that plaintiff’s own evidence discloses that the cause of the accident was not speed on the part of defendant but the fact that defendant’s vehicle suddenly and without notice came upon ice which made it impossible for defendant to stop. In his brief, defendant argues that he had no notice of, or reason to suspect the *278presence…