{
  "id": 8571694,
  "name": "G. T. BADGER, JR., Administrator of ERIKA INGRID HASTINGS, Deceased v. PETE MEDLEY",
  "name_abbreviation": "Badger v. Medley",
  "decision_date": "1964-11-04",
  "docket_number": "",
  "first_page": "742",
  "last_page": "743",
  "citations": [
    {
      "type": "official",
      "cite": "262 N.C. 742"
    }
  ],
  "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": "136 S.E. 2d 702",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "262 N.C. 224",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8566562
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/262/0224-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 239,
    "char_count": 3040,
    "ocr_confidence": 0.571,
    "pagerank": {
      "raw": 1.0131033812585634e-07,
      "percentile": 0.5426878169345009
    },
    "sha256": "9e733f09050c8347d44464f4e64272204b1c6520d13b9be06d43efa81b03cfcc",
    "simhash": "1:1fa5f0675adddad5",
    "word_count": 523
  },
  "last_updated": "2023-07-14T22:57:24.361559+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "G. T. BADGER, JR., Administrator of ERIKA INGRID HASTINGS, Deceased v. PETE MEDLEY."
    ],
    "opinions": [
      {
        "text": "PeR Cueiam.\nThere were no eyewitnesses other than defendant and deceased. Defendant did not see deceased until after the impact. Evidence is totally lacking as to speed; there is no showing that defendant knew children were customarily on or near the highway in this vicinity. There is no evidence that any other child was on or near the highway at the time of the accident. It may be inferred that defendant did not sound his horn, and there is evidence that he did not see the child before he struck her. Assuming that defendant failed to keep a reasonable lookout, there is not sufficient evidence from which it may be inferred that his inattention was a proximate cause of the accident and that in the exercise of reasonable care he might have avoided the accident. Ennis v. Dupree, 262 N.C. 224, 136 S.E. 2d 702, and cases therein cited.\nAffirmed.",
        "type": "majority",
        "author": "PeR Cueiam."
      }
    ],
    "attorneys": [
      "Bowie, Bowie & Vannoy for plaintiff.",
      "John E. Hall for defendant. McElwee \u25a0& Hall, of counsel."
    ],
    "corrections": "",
    "head_matter": "G. T. BADGER, JR., Administrator of ERIKA INGRID HASTINGS, Deceased v. PETE MEDLEY.\n(Filed 4 November, 1964.)\nAutomobiles \u00a7 41m\u2014\nEvidence held, insufficient to show that collision of defendant\u2019s vehicle with a child on the highway was the result of negligence.\nAppeal by plaintiff from McLaughlin, J., May 1964 Civil Session of-Ashe.\nAction for damages for wrongful death of plaintiff\u2019s intestate, an 8-year old child, who was fatally injured when struck by an automobile driven by defendant.\nThe accident occurred about 6:30 P.M., 15 April 1963, on N. C. Highway 88, about two-tenths of a mile west of the town of Jefferson in Ashe County. The hardsurface is about 20 feet wide. Defendant was headed west and, as he approached the point of the accident, was on a long curve to his right and passing through a cut. There were high embankments on both sides of the highway, and it was about 13 feet from the foot of the embankment on the north side of the highway to the north edge of .the hardsurface. Defendant\u2019s maximum limit of vision forward with respect to the north edge of the highway was 300 feet. The accident occurred about the west end of the cut, on the north edge of the highway. Deceased came in contact with the right front fender of defendant\u2019s car, \u201con top about the headlight rim.\u201d Death was instantaneous. Deceased was wearing a red dress. Defendant stated at the scene that he did not see the child until after he struck her and at the time of the impact \u201che thought he might have struck a dog.\u201d\nPlaintiff alleges that deceased\u2019s fatal injury was caused by the actionable negligence of defendant, for that (1) he operated the automobile at a speed greater than was reasonable and prudent under the circumstances, (2) he failed to keep a reasonable lookout, (3) he \u201cshould have known that children customarily were in close proximity to said highway and frequently crossed the same,\u201d and (4) he did not give audible warning of his approach.\nAt the close of plaintiff\u2019s evidence the court sustained defendant\u2019s motion for nonsuit. Judgment was entered dismissing the action.\nBowie, Bowie & Vannoy for plaintiff.\nJohn E. Hall for defendant. McElwee \u25a0& Hall, of counsel."
  },
  "file_name": "0742-01",
  "first_page_order": 786,
  "last_page_order": 787
}