Anderson v. Webb

Considering the evidence in the light most favorable to plaintiff — as we are required to do in passing upon a motion for nonsuit, 4 Strong, N. C. Index, Trial § 21 (1961) —it is sufficient to establish that plaintiff’s intestate Biggs was operating the Valiant in an easterly direction; that defendant’s intestate Danny Nichols was driving west in the Chevrolet; and that Nichols, traveling to his left of the center of the highway, collided with the Biggs automobile in its lane of travel.

Plaintiff’s theory of this case is that Danny Nichols, operating his vehicle at a speed greater than was…