Chaffin v. Brame
233 N.C. 377, 64 S.E.2d 276 (1951)
Facts: Plaintiff was driving on a highway when defendant approached from the opposite direction. Defendant refused to dim his lights, temporarily blinding plaintiff; plaintiff then ran into an unlit truck that had been blocking the whole right lane.
Procedure: Trial found for the plaintiff; defendant appeals.
Issue: Was plaintiff guilty of contributory negligence as a matter of law?
Holding: No.
Reasoning: Since he was blinded by the lights and reacted reasonably by slowing down, the whole don't-drive-faster-than-your-lights doctrine doesn't apply.
Wednesday, September 17, 2008
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2 comments:
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