HART v. CURRY

No. 28.

78 S.E.2d 170 (1953)

238 N.C. 448

HART v. CURRY.

Supreme Court of North Carolina.

October 21, 1953.


Attorney(s) appearing for the Case

Robert B. Lowry and John H. Hall, Elizabeth City, for appellant.

LeRoy & Goodwin, Elizabeth City, for appellee.


DENNY, Justice.

The plaintiff assigns as error the following portion of the charge to the jury: "For it to be said that the defendant's negligence was the proximate cause of the death of plaintiff's intestate, it must be shown that the death of plaintiff's intestate was the natural and probable result of the defendant's negligence, and that it ought to have been foreseen, in the light of all of the surrounding facts and circumstances."

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