Ward v. Cruse

The record on the former appeal, Ward v. Cruse, 234 N.C. 388, 67 S.E. 2d 257, disclosed that plaintiff testified on the first trial that when he reached the intersection and after seeing his prospective passengers some distance up the Whitley road to his right, he swerved his vehicle back to his right to enter the north branch of the Whitley road. He did not so testify in the court below. While there was testimony that plaintiff gave a left-turn signal and drove his vehicle completely on the left, or south, side of the by-pass and then cut back sharply to his right to enter the north, or…