Supreme Court of North Carolina January 22, 1936 (Smith Ex Rel. Smith v. Miller)

Connor, J.

Where, as in the instant case, there is evidence tending to show (1) that the defendant in an action to recover damages for

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personal injuries suffered by the plaintiff was driving an automobile on a highway in this State at a speed of from forty to forty-five miles per hour; (2) that while thus driving- the automobile, the defendant approached a group of children, standing near