
    MRS. ESTELLE C. STEWART v. C. GUY STEWART.
    (Filed 25 March, 1942.)
    Automobiles § 18a—
    Evidence tending to show that defendant was driving at a speed of 60 to 65 miles an hour and, in a sudden effort to avoid colliding with another automobile which had been backed into the highway and which was apparently not in motion at the time, drove off the road, causing the car to overturn, inflicting serious injury to plaintiff, a guest in the car, is held to require the submission of the case to the jury. Michie’s N. C. Code, 2621 (288) (278).
    Appeal by plaintiff from Grady, Emergency Judge, at October Term, 1941, of Harnett.
    Reversed.
    Tbis was an action to recover damages for a personal injury alleged to bave been caused by tbe negligence of tbe defendant in tbe operation of an automobile. At tbe close of plaintiff’s evidence motion for judgment of nonsuit was allowed, and plaintiff appealed.
    
      Neill McK. Salmon for plaintiff, appellant. .
    
    
      Dupree & Strickland and I. B. Williams for defendant, appellee.
    
   Devin, J.

Plaintiff is tbe wife of tbe defendant. On tbe occasion alleged, about 8:30 p. m., sbe was a passenger in an automobile being driven by tbe defendant along tbe bigbway. Sbe testified tbat tbe defendant, in a sudden effort to avoid collision witb another automobile wbicb bad been backed into tbe bigbway, drove bis automobile, in wbicb plaintiff was riding, off tbe road and caused it to overturn, inflicting a serious personal injury. Sbe further testified tbat defendant was driving at a speed of sixty to sixty-five miles per hour, and tbat bis automobile headlights were defective. Tbe automobile wbicb bad backed into tbe bigbway was about tbe middle of tbe bigbway and apparently was not in motion. Tbe pavement was eighteen feet wide, witb shoulders, and tbe road was straight.

Tbe plaintiff’s evidence, taken in tbe light most favorable for her, would seem to indicate that tbe defendant was driving bis automobile at such a high rate of speed tbat be was unable to stop, or turn aside safely, within tbe distance be could observe objects on tbe road by tbe lights of bis automobile. Beck v. Hooks, 218 N. C., 105, 10 S. E. (2d), 608; Michie’s N. C. Code, secs. 2621 (288), 2621 (278).

"Without discussing the evidence in detail, we think it was of sufficient probative force to require submission to the jury.

Tbe judgment of nonsuit is

Reversed.  