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HARTLEY v. SMITH

No. 239.

79 S.E.2d 767 (1954)

239 N.C. 170

HARTLEY v. SMITH et al.

Supreme Court of North Carolina.

January 15, 1954.

Attorney(s) appearing for the Case

Ruark, Ruark, & Moore, Raleigh, and Wilson & Johnson, Lillington, for plaintiff appellee.

Salmon & Hooper, Lillington, for defendant appellants.

BARNHILL, Justice.

Both the oral and physical testimony tend to show that the collision occurred within the intersection of South Washington Avenue and East Pearsall Street. Therefore it appears beyond peradventure that the two vehicles in fact reached the intersection at approximagely the same time. No witness tendered by plaintiff testified that Hartley reached and entered the intersection at a time when Pope was a sufficient distance away to furnish reasonable...

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