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FORTE v. GOODWIN

No. 320.

135 S.E.2d 552 (1964)

261 N.C. 608

Mattie Bell FORTE v. Marion Cole GOODWIN, and Joseph Forte, Administrator of Clinton Forte, Deceased.

Supreme Court of North Carolina.

April 8, 1964.

Attorney(s) appearing for the Case

Dees, Dees & Smith, Goldsboro, for plaintiff appellee.

Braswell & Strickland, Goldsboro, for Marion Cole Goodwin, defendant appellant.

Taylor, Allen & Warren, by John H. Kerr, III, Goldsboro, for the Estate of Clinton Forte, defendant appellant.

PER CURIAM.

GOODWIN'S APPEAL

Defendant Goodwin assigns as error the court's refusal to allow his motion to nonsuit. He argues all of the credible evidence shows he was at all times on his right side of the highway and the sole cause of the collision was the negligence of plaintiff's husband who was operating the Chevrolet entirely to the south of the center of the highway.

All of the evidence tends to show the collision occurred near the center of...

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