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KIENTZ v. CARLTON

No. 97.

96 S.E.2d 14 (1957)

245 N.C. 236

Jack KIENTZ v. Norton B. CARLTON and Sears, Roebuck and Company, a Corporation.

Supreme Court of North Carolina.

January 11, 1957.

Attorney(s) appearing for the Case

James S. Howell and William J. Cocke, Asheville, for plaintiff, appellant.

McLean, Gudger, Elmore & Martin, Asheville, for defendant Carlton, appellee.

Harkins, Van Winkle, Walton & Buck, Asheville, for defendant Sears, Roebuck & Company, appellee.

BOBBITT, Justice.

The facts disclosed by the evidence impel the conclusion that the judgments of nonsuit were 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. Co., 138 N.C. 38, 41, 50 S.E. 448; Petty v. Cranston Print Works Co., 243 N.C. 292

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