Sanders Ex Rel. Sanders v. George A. Yancey Trucking Co.

BRASWELL, Judge.

Two trucks, traveling in opposite directions met and collided upon U.S. Highway #64 in Tyrrell County. The major factual issue in this negligence action is: which truck crossed the center line of this two-lane highway? The question presents a factual dispute which lies within the province of a jury to resolve.

Defendant Riggs, driver of defendant Yancey’s dump truck, testified that the Gulley pickup truck “darted” across the center line directly into his path. Mabel Davenport, an alleged eyewitness, corroborated Riggs’ testimony. Ervin Sanders, Jr., and Johnny Gulley,…