Powers v. S. Sternberg & Co.

Stacy, C. J.,

after stating the facts: The case is controlled by the decision in Smith v. Sink, 211 N. C., 725, 192 S. E., 108, which was rendered after the trial of the present cause in the Superior Court.

Even if it be conceded that defendant’s truck was negligently parked on the side of the road, Smithwick v. Pine Co., 200 N. C., 519, 157 S. E., 612; Pender v. Trucking Co., 206 N. C., 266, 173 S. E., 336, which may be doubted on the facts revealed by the record, Stallings v. Transport Co., 210 N. C., 201, 185 S. E., 643, still it would seem that the active negligence of the driver of the…