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COX v. HENNIS FREIGHT LINES

No. 240.

72 S.E.2d 25 (1952)

236 N.C. 72

COX v. HENNIS FREIGHT LINES, Inc. MATTHEWS v. HENNIS FREIGHT LINES, Inc.

Supreme Court of North Carolina.

August 22, 1952.

Attorney(s) appearing for the Case

J. T. Reece, Yadkinville, Wm. M. Allen, and Hoke F. Henderson, Elkin, for plaintiffs, appellees.

Folger & Folger, Mount Airy, for defendant, appellant.

ERVIN, Justice.

The court can not submit a case to the jury on a particular theory unless such theory is supported by both the pleadings and the evidence. Hooper v. Glenn, 230 N.C. 571, 53 S.E.2d 843; Ewing v. Kates, 196 N.C. 354, 145 S.E. 673; Pittman v. Tobacco Growers' Association, 187 N.C. 340, 121 S.E. 634; Frick Co. v. Boles, 168 N.C. 654, 84 S.E. 1017; Wilson v. Altantic Coast Line Railroad Co., 142 N.C. 333, 55 S.E. 257. In ascertaining whether a pleading...

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