WELLINGTON-SEARS CO. v. KERR BLEACHING & FINISH. WKS.

No. 385.

56 S.E.2d 24 (1949)

231 N.C. 96

WELLINGTON-SEARS CO., Inc. v. KERR BLEACHING & FINISHING WORKS, Inc.

Supreme Court of North Carolina.

November 9, 1949.


Attorney(s) appearing for the Case

Taliaferro, Clarkson & Grier, Charlotte, John Hugh Williams, Concord, for plaintiff appellant.

Hartsell & Hartsell, Concord, for defendant appellee.


WINBORNE, Justice.

This action is predicated upon a bailment for the mutual benefit of plaintiff and defendant. The relation of plaintiff and defendant, in respect thereto, is that of bailor and bailee. The action is founded on negligence. The question, therefore, is whether the evidence introduced by plaintiff, plus the facts stipulated by the parties, is sufficient to withstand a motion for judgment as of nonsuit. The trial judge did not think so, and so ruled....

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