Parkway Bus Co. v. Coble Dairy Products Co.

While there was evidence of negligence on the part of the defendant in leaving parked on the highway after dark an unlighted truck, without flares or signals, in violation of G. S., 20-161 (Peoples v. Fulk, 220 N. C., 635, 18 S. E. (2d), 147; Allen v. Bottling Co., 223 N. C., 118, 25 S. E. (2d), 388), we think the motion for judgment of nonsuit interposed at close of plaintiff’s evidence, on the ground of the contributory negligence of the driver of plaintiff’s bus, was properly allowed. Austin v. Overton, 222 N. C., 89, 21 S. E. (2d), 887.

The correct determination of legal responsibility for…