{
  "id": 8573802,
  "name": "DAVID S. CANADY v. GARY JONES COLLINS",
  "name_abbreviation": "Canady v. Collins",
  "decision_date": "1964-03-04",
  "docket_number": "",
  "first_page": "412",
  "last_page": "412",
  "citations": [
    {
      "type": "official",
      "cite": "261 N.C. 412"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "116 S.E. 2d 200",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "253 N.C. 31",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8621833
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/253/0031-01"
      ]
    },
    {
      "cite": "125 S.E. 2d 924",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "257 N.C. 458",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8568501
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/257/0458-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 150,
    "char_count": 1678,
    "ocr_confidence": 0.531,
    "pagerank": {
      "raw": 9.505882454708161e-08,
      "percentile": 0.5230787586457744
    },
    "sha256": "473adbec0a73d20f3e816a7b4a9c66c54c45bc2081cf4a0a027d64fea1624cc2",
    "simhash": "1:02a5279cdd4d83b0",
    "word_count": 281
  },
  "last_updated": "2023-07-14T21:53:45.776989+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "DAVID S. CANADY v. GARY JONES COLLINS."
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nThis is an action to recover damages for personal injuries suffered by plaintiff on 11 May 1962. Plaintiff assigns as error the granting of defendant\u2019s motion for nonsuit at the close of plaintiff's evidence.\nThe complaint alleges that plaintiff \u201cprepared to cross\u201d a street in the City of Wilmington, he observed defendant\u2019s automobile approaching from his left and \u201cwas afraid to proceed across the street, he came to a complete stop,\u201d and while \u201cwaiting to cross\u201d was struck and injured by defendant\u2019s car. Plaintiff\u2019s evidence tends to show that he was crossing the street in the middle of a block to get to his automobile which was parked on the south side of the street, and when he had gotten two feet beyond the center line of the street he turned to see if his wife was following, and while in this position he was struck by defendant\u2019s automobile which was proceeding westwardly.\nThere is a material variance between allegation and proof. Hall v. Poteat, 257 N.C. 458, 125 S.E. 2d 924; Bundy v. Belue, 253 N.C. 31, 116 S.E. 2d 200. Therefore the judgment of involuntary nonsuit is\nAffirmed.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "Isaac C. Wright and Aaron Goldberg for plaintiff.",
      "Poisson, Marshall, Barnhill & Williams for defendant."
    ],
    "corrections": "",
    "head_matter": "DAVID S. CANADY v. GARY JONES COLLINS.\n(Filed 4 March 1964.)\nAutomobiles \u00a7 41a\u2014\nAllegations that plaintiff pedestrian, while waiting to cross a city street, was struck by defendant\u2019s car, with evidence tending to show that plaintiff pedestrian was crossing the street and had gotten two feet beyond the center line of the street when he was struck, held to warrant nonsuit for variance.\nAppeal by plaintiff from Mints, /., November 1963 Session of New HANOVER.\nIsaac C. Wright and Aaron Goldberg for plaintiff.\nPoisson, Marshall, Barnhill & Williams for defendant."
  },
  "file_name": "0412-01",
  "first_page_order": 452,
  "last_page_order": 452
}