Daniels Ex Rel. Goodson v. Johnson

HEDRICK, Judge.

Defendant’s motion for a directed verdict at the close of plaintiff’s evidence presents the question whether the evidence, when considered in the light most favorable to the plaintiff, is sufficient to justify a verdict in his favor. Summey v. Cauthen, 283 N.C. 640, 197 S.E. 2d 549 (1973). It is well-settled in this State that the presence of children on or near a highway is a warning signal to a motorist, who must bear in mind that children have less capacity to shun danger than adults and they are prone to act on impulse. Therefore, “the presence of children on or near the…