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PETTY v. CRANSTON PRINT WORKS COMPANY

No. 245.

90 S.E.2d 717 (1956)

243 N.C. 292

Horace B. PETTY v. CRANSTON PRINT WORKS COMPANY, a corporation.

Supreme Court of North Carolina.

January 13, 1956.

Attorney(s) appearing for the Case

G. T. Carswell and Robinson & Jones, Charlotte, for plaintiff, appellant.

Carpenter & Webb, Charlotte, for defendant, appellee.

BOBBITT, Justice.

The facts disclosed by the evidence impel the conclusion that judgment of involuntary nonsuit was proper.

To recover damages for actionable negligence, plaintiff must establish (1) a legal duty, (2) a breach thereof, and (3) injury proximately caused by such breach. Ramsbottom v. Atlantic Coast Line R. R. Co., 138 N.C. 38, 41, 50 S.E. 448. Plaintiff's action is in tort. Even so, the duty owed by defendant to plaintiff arises from

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