{
  "id": 8576506,
  "name": "LUCILLE BAKER, Administratrix of ROSWELL C. BAKER, Deceased, Plaintiff v. JACK F. SMITH, Defendant",
  "name_abbreviation": "Baker v. Smith",
  "decision_date": "1965-11-10",
  "docket_number": "",
  "first_page": "598",
  "last_page": "599",
  "citations": [
    {
      "type": "official",
      "cite": "265 N.C. 598"
    }
  ],
  "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": [],
  "analysis": {
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    "char_count": 2597,
    "ocr_confidence": 0.578,
    "sha256": "a5e83d17b9ff39b77b42a38ae2471b07dca6aadf2f21ce9f4198d5b052ab203d",
    "simhash": "1:ed2fd3474c8eadf7",
    "word_count": 430
  },
  "last_updated": "2023-07-14T21:31:16.118019+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "LUCILLE BAKER, Administratrix of ROSWELL C. BAKER, Deceased, Plaintiff v. JACK F. SMITH, Defendant."
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nThe evidence most favorable to plaintiff tends to show: Defendant was operating plaintiff\u2019s Ford in an easterly direction on Unity Street in Thomasville at a speed of 15 or 20 miles an hour. The Chevrolet, headed in a westerly direction, was off the highway and on a \u201clittle pull-off\u201d to defendant\u2019s right.\nThe only testimony as to what occurred was that of one of the occupants of the Baker car. She testified: \u201cThe right front fender of the other car and the right front fender of the car I was in \u2014 they collided right there, as it was pulling out into the highway. At the time the collision occurred the other car was off and on the highway. The car I was in was still on the highway but the other car was a little off of the highway because when they hit it knocked it back.\u201d Again: \u201cOur car never left the highway.\u201d\nWe find no evidence deemed sufficient to support a finding that the collision was proximately caused by the actionable negligence of the operator of the Baker Ford. On the contrary, the evidence indicates clearly that the action of the driver of the Chevrolet in attempting to drive onto the highway from a place of safety on the \u201cpull-off\u201d was the sole proximate cause of the collision.\nApparently, the identity of the owner and driver of the Chevrolet is unknown. Nothing in the record indicates that such driver lingered at the scene of collision.\nThe judgment of involuntary nonsuit is affirmed.\nAffirmed.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "Charles F. Lambeth, Jr. and Harry 8. Cline for plaintiff appellant.",
      "Smith, Moore, Smith, Schell & Hunter and Walser, Brinkley, Wal-ser & McGirt for defendant appellee."
    ],
    "corrections": "",
    "head_matter": "LUCILLE BAKER, Administratrix of ROSWELL C. BAKER, Deceased, Plaintiff v. JACK F. SMITH, Defendant.\n(Filed 10 November, 1965.)\nAppeal by plaintiff from Olive, E.J., March 1965 Civil Session of DAVIDSON.\nThis action was instituted May 15, 1963 by Roswell C. Baker to recover damages for personal injuries he sustained January 27, 1963, about 6:45 p.m., dusk dark, as a result of a collision between his Ford and a Chevrolet.\nBaker alleged defendant was the operator of the Baker car; that Baker was riding therein; and that the collision and Baker\u2019s injuries were proximately caused by the actionable negligence of defendant. Answering, defendant denied all of Baker\u2019s essential allegations.\nBaker died April 18, 1964 from causes wholly unrelated to said collision of January 27, 1963. Baker\u2019s administratrix now prosecutes said 'personal injury action.\nAt the conclusion of plaintiff\u2019s evidence the court, granting defendant\u2019s motion therefor, entered judgment of involuntary nonsuit.\nCharles F. Lambeth, Jr. and Harry 8. Cline for plaintiff appellant.\nSmith, Moore, Smith, Schell & Hunter and Walser, Brinkley, Wal-ser & McGirt for defendant appellee."
  },
  "file_name": "0598-01",
  "first_page_order": 638,
  "last_page_order": 639
}