Farmer v. Chaney

CLARK, Judge.

The evidence is not sufficient to show that defendant-operator was violating any of the provisions of the speed statute, G.S. 20-141. His speed was 35 to 40 miles per hour, well under the maximum speed limit of 55 miles per hour; and it cannot be reasonably inferred that the speed was greater than reasonable and prudent under the existing conditions. Trooper Smith testified, without objection or motion to strike by plaintiff, that he considered the speed of 35 to 40 miles per hour to be a safe speed for the existing conditions.

Nor can it be reasonably inferred from the evidence…