DAVIS v. CAROLINA POWER & LIGHT CO.

No. 752.

76 S.E.2d 378 (1953)

238 N.C. 106

DAVIS v. CAROLINA POWER & LIGHT CO.

Supreme Court of North Carolina.

June 12, 1953.


Attorney(s) appearing for the Case

Egbert L. Haywood, Durham, and Emery B. Denny, Jr., Chapel Hill, for plaintiffappellant.

Fuller, Reade & Fuller, Durham, E. S. DeLaney, Jr., and A. Y. Arledge, Raleigh, for defendant-appellee.


ERVIN, Justice.

This case is founded on negligence. In an action for death by wrongful act based on negligence, the burden rests on the plaintiff to produce evidence sufficient to establish the two essential elements of actionable negligence, namely: (1) That the defendant was guilty of a negligent act or omission; and (2) that such act or omission was the proximate cause of the death of the decedent. Sowers v. Marley, 235 N.C. 607...

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