Smith Ex Rel. Smith v. Nunn

The evidence presents an issue, only in minor degree, variant from what has become a familiar motif. Whose fault? Ordinarily, parking on the highway without lights 40 minutes before sunrise is unlawful. G.S. 20-129; Williamson v. Varner, 252 N.C. 446, 114 S.E. 2d 92. Before entering a public highway from a private driveway, the operator of a motor vehicle is required to exercise due care to see that the intended movement can be made in safety. G.S. 20-156.

The plaintiff’s evidence presents a jury question as to the defendant’s negligence in parking upon or entering the highway. Contributory…