Lyerly v. Griffin

Admittedly there was evidence of negligence on the part of the driver of defendants’ truck. Hence the determination of the propriety of the nonsuit must depend on whether from plaintiff’s own testimony contributory negligence on his part was affirmatively established, sufficient to bar his recovery.

According to plaintiff’s testimony, on the morning of 10 November, 1951, he was driving his automobile south from Monroe on Highway 151. The pavement was 18 feet wide, the road at that point was straight and the day was clear. He was driving at a speed of 55 miles per hour. He observed at a…