Bennett v. Stephenson

The plaintiff’s appeal from the judgment of involuntary nonsuit rendered by the court below requires consideration of the plaintiff’s evidence in the light most favorable for him. Nash v. Royster, 189 N.C. 408, 127 S.E. 356; James v. R. R., 236 N.C. 290, 72 S.E. 2d 682.

Making due allowance for the somewhat varying estimates of distance, speed and visibility in plaintiff’s evidence, the over-all picture presented is that of a collision between two automobiles on a clear day approaching a street intersection at approximately the same time. Hence the question of the negligence of the defendant…