Jones v. Horton

Plaintiff’s evidence, taken as true and considered in the light most favorable to him, was sufficient to withstand the motion for nonsuit. If Horton approached the intersection at a speed in excess of 60 MPH — and we must assume that he did, Hutchens v. Southard, 254 N.C. 428, 119 S.E. 2d 205 — , he violated G.S. 20441(b) and (c) and was thus guilty of negligence per se. Redden v. Bynum, 256 N.C. 351, 123 S.E. 2d 734. Horton contends, however, that his speed was not a proximate cause of his collision with plaintiff; that his negligence was completely insulated by that of Jones when the latter…