
    VENETTA BARBER, Administratrix of ADAM BARBER, Deceased. v. C. N. STEED.
    (Filed 30 November, 1932.)
    Appeal by plaintiff from MacBae, Special Judge, at May Term, 1932, of MecKLENbueo.
    
      Hiram P. Whitacre and Ralph V. Kidd for appellant.
    
    
      W. G. Ginter and ühlman S. Alexander for appellee.
    
   Per Curiam.

The plaintiff’s intestate was killed by the impact of an automobile driven by the defendant in an easterly direction between Charlotte and Albemarle on Highway 27 near its intersection with Highway 151 in Cabarrus County. Garman’s Filling Station is situated west of the intersection and on the right-hand side of Highway 27 as one goes in the- direction of Albemarle. The lights from the station shone out into the highway and across the intersection. The intestate was standing near the station on the edge of Highway 27 awaiting the arrival of a bus from Raleigh on which he intended to return to Charlotte. As the bus approached he waived his handkerchief as a signal for the driver to stop. There was evidence tending to show that he “got on the highway about two feet”; that while waving his handkerchief he was looking in the direction of the bus; that he did not look toward the west or in the direction from which the defendant’s car was coming, and that be bad almost come to a stop wben tbe defendant’s car struck bim and inflicted injuries causing bis death.

There was evidence of tbe defendant’s negligence and of tbe contributory negligence of tbe intestate, and tbe verdict established tbe negligence both of tbe defendant and of tbe intestate. Tbe exceptions are addressed principally to alleged error relating to contributory negligence.

After due consideration of tbe oral argument and of tbe exhaustive briefs filed in behalf of tbe parties we have discovered no error which calls for interference with tbe verdict or tbe judgment.

No error.  