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STATE v. GATEWOOD

No. 19.

86 S.E.2d 195 (1955)

241 N.C. 606

STATE of North Carolina on Relation of Charlie GARLAND, Administrator of the Estate of Moses Garland, Deceased, v. Mary F. GATEWOOD, Administratrix of J. Y. Gatewood, Deceased, Tom Buck, Deputy Sheriff, Private J. R. Harris, State Highway Patrolman, National Surety Corporation and St. Paul Mercury Indemnity Company.

Supreme Court of North Carolina.

March 9, 1955.

Attorney(s) appearing for the Case

C. O. Pearson, E. H. Gadsden and William A. Marsh, Jr., Durham, for plaintiff, appellant.

John W. Hardy, Yanceyville, for J. R. Harris.

Jordan & Wright and Charles E. Nichols, Greensboro, for St. Paul Mercury Indemnity Co.

PARKER, Justice.

This case is based on negligence. The burden rests on the plaintiff to produce evidence sufficient to establish the two essential elements of actionable negligence: one, that the defendants were guilty of a negligent act or omission; and two, that such act or omission proximately caused the death of decedent. Sowers v. Marley, 235 N.C. 607, 70 S.E.2d 670.

"Negligence does...

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