NORTHWESTERN DIST., ETC. v. NORTH CAROLINA DEPT. OF TRANSPORTATION

No. 7810IC623.

255 S.E.2d 203 (1979)

41 N.C. App. 548

NORTHWESTERN DISTRIBUTORS, INC. v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION.

Court of Appeals of North Carolina.

June 5, 1979.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Sandra M. King, Raleigh, for the State.

Moore & Willardson by Larry S. Moore and John S. Willardson, North Wilkesboro, for plaintiff-appellant.


CLARK, Judge.

Plaintiff's claim is based on its affidavit alleging negligence on the part of Joe Bill Moxley, defendant's employee who stopped the truck across the highway. Commissioner Shuford and the Full Commission found that plaintiff was not contributorily negligent. But the full Commission found that defendant's employee Moxley was not negligent since at the time of the collision he was dumping dirt from the truck "into a field chosen by the foreman and . ....

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