Pope Ex Rel. Pope v. Patterson

The sole contention of the defendant is that the plaintiff has not offered sufficient evidence of actionable negligence on the part of the defendant to carry the case to the jury.

It has been repeatedly declared by this Court that a legal duty rests upon a motorist to exercise due care to avoid injuring children whom he sees, or by the exercise of reasonable care should see, on or near the highway. Pavone v. Merion, 242 N.C. 594, 89 S.E. 2d 108; Hawkins v. Simpson, 237 N.C. 155, 74 S.E. 2d 331; Sparks v. Willis, 228 N.C. 25, 44 S.E. 2d 343; Moore v. Powell, 205 N.C. 636, 172 S.E. 327; Goss v.…