1. Home
  2. Browse Decisions
  3. S.E.2d
  4. 105 S.E.2d
  5. 105 S.E.2d 297 (1958)
 

McFALLS v. SMITH

No. 311.

105 S.E.2d 297 (1958)

249 N.C. 123

James Leonard McFALLS v. Clara Lee SMITH and Roy Lee Smith.

Supreme Court of North Carolina.

October 29, 1958.

Attorney(s) appearing for the Case

G. D. Bailey and W. E. Anglin, Burnsville, for plaintiff-appellant.

Williams & Williams, Asheville, by William C. Morris, Jr., and James N. Golding, Asheville, for defendants-appellees.

HIGGINS, Justice.

The only question presented by the appeal is the sufficiency of the evidence to go to the jury. The question is one of law, always to be decided by the court. Ward v. Smith, 223 N.C. 141, 25 S.E.2d 463. If the evidence in the light most favorable to the plaintiff, giving him the benefit of all permissible inferences from it, tends to support all essential elements of actionable negligence, then it is sufficient to survive the motion to nonsuit, or...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases