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LANE v. BRYAN

No. 311.

97 S.E.2d 411 (1957)

246 N.C. 108

Frederick Napoleon LANE, Administrator of the Estate of Sylvester Moore, Deceased, v. Elizabeth BRYAN.

Supreme Court of North Carolina.

April 17, 1957.

Attorney(s) appearing for the Case

Wallace & Wallace, by F. E. Wallace, Jr., Kinston, for plaintiff, appellant.

Whitaker & Jeffress, Kinston, for defendant, appellee.

PARKER, Justice.

Plaintiff's alleged cause of action is for death by wrongful act based on negligence. The burden of proof rests upon plaintiff to produce evidence sufficient to establish the two essential elements of his alleged case: one, that the defendant was guilty of a negligent act or omission, and two, that such act or omission proximately caused the death of his intestate. State ex rel. Garland v. Gatewood, 241 N.C. 606,

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