Aiken v. Sanderford

[236 NC Page 761] On 8 December, 1950, about 1:30 p.m., the plaintiff's wife was operating his automobile on Fleming Street in the Town of Creedmoor, traveling east at around 20 or 25 miles an hour on the right side of the street. Fleming Street runs east and west. The defendants had a fuel station on the south side of this street. On the west side of this station was a driveway. The plaintiff's wife saw a pickup truck loaded with coal standing in the driveway. About the time she drove by the driveway, this truck backed out into the street, and there was a collision between it and the plaintiff's automobile causing damage to both. The driver of the truck was Charlie Moss. The truck belonged to the defendants. The plaintiff commenced his action on 15 December, 1951.