Faulk v. Althouse Chemical Co.

Defendant 'assigns as error the denial by 'the court of its motion for judgment of involuntary nonsuit made at the close of plaintiff’s evidence. Defendant offered no evidence.

Plaintiff’s evidence considered in the light most favorable to him, Rodgers v. Thompson, 256 N.C. 265, 123 S.E. 2d 785, shows the following facts: About 1:30 p.m. on 14 June 1960, a clear day, he was driving a 1953 Dodge pickup truck owned by his father westwardly on U. S. Highway 74-76 just outside the corporate limits of the town of Whiteville. This is a two-lane highway 22 feet wide, and at this point is straight. He…