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FULCHER v. SMITH

No. 94.

107 S.E.2d 68 (1959)

249 N.C. 645

Margaret A. FULCHER v. H. C. SMITH and wife, Stella Smith.

Supreme Court of North Carolina.

February 25, 1959.

Attorney(s) appearing for the Case

Cecil D. May and Ward & Tucker, New Bern, for plaintiff appellee.

James & Hite, Greenville, and Barden, Stith & McCotter, New Bern, for defendant appellants.

PER CURIAM.

The cause of action stated is for an assault. The lease and plaintiff's occupancy pursuant thereto merely afforded an opportunity for an assault. The forced abandonment of plaintiff's property to escape defendant's advances is but an element of damages. The action is transitory, not local. Harris Clay Co. v. Carolina China Clay Co., 203 N.C. 12, 164 S.E. 341; Causey v. Morris, 195 N.C. 532, 142 S.E. 783.

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