(Download) "Rushing v. Polk" by Supreme Court of North Carolina No. 251 # eBook PDF Kindle ePub Free
eBook details
- Title: Rushing v. Polk
- Author : Supreme Court of North Carolina No. 251
- Release Date : January 12, 1962
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
The accident in question occurred about 7:45 A.M. on or about 28 September 1960 on Highway 27, which, at the point of the accident, is a two-lane blacktop road about 20 feet wide. The speed limit at the place of accident was 55 miles per hour. Plaintiff was a passenger in a Ford station wagon registered in the name of the male defendant and being driven by the feme defendant. The defendants are husband and wife. The husband was not in the vehicle at the time. The station wagon was proceeding westwardly in the direction of Charlotte. It came to the crest of a hill. At this point there is a clear view to the west for about a half mile to the crest of another hill. Between the two hills the highway dips into a valley, having a slight hill or ridge between the two higher hills. As she passed the crest of the hill, feme defendant saw no meeting traffic and pulled to the left to pass the traffic in front of her. It was raining and the road was wet. The station wagon, in passing, began to skid, the driver lost control, the vehicle skidded from one side of the road to the other and ran off the hardsurface on the right-hand side and collided with a telephone pole. Plaintiff was injured. According to plaintiff's version of the occurrence, there were three vehicles preceding the station wagon, defendant's speed was 50 miles per hour before pulling out to pass, it was as much as 65 or 70 miles per hour in passing the three vehicles, and as the station wagon was pulling back into the right-hand lane it started skidding and the driver lost control. Defendants' evidence tends to show that the speed before passing was 30 to 35 miles per hour and in passing it did not exceed 45, there was only one vehicle ahead, the station wagon began to skid as it pulled to the left to pass, the left rear wheel slipped off the hardsurface, and the driver lost control.
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