Masciulli v. Tucker

JOHNSON, Judge.

Plaintiff assigns error to the trial court’s refusal to instruct the jury on the law pertaining to evidence offered by plaintiff on defendant’s failure to keep a proper lookout and to keep the automobile under proper control. Plaintiff, in her brief, correctly cites Beanblossom v. Thomas, 266 N.C. 181, 146 S.E. 2d 36 (1966), for the following principle:

Unless the driver of the leading vehicle is himself guilty of negligence, or unless an emergency is created by some third person or other highway hazard; the mere fact of a collision with the vehicle ahead furnishes some evidence…