Supreme Court of North Carolina November 28, 1945 (Cummins v. Southern Fruit Co.)

*631

Seawell, J.

Tbe appellants base their contention that plaintiff was contributorily negligent very narrowly on the fact that he did not stop or cut down his rate of travel, which was not unlawful, when meeting and passing another car, about 25 feet from the defendants’ truck, which was parked without lights or flares in the center of the right-hand lane over which plaintiff had the right of