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LAKE v. HARRIS EXPRESS, INCORPORATED

No. 528.

106 S.E.2d 518 (1959)

249 N.C. 410

Billy Gene LAKE v. HARRIS EXPRESS, INCORPORATED, Original Defendant; and Evelyn R. Freeman, Administratrix of the Estate of Daniel Vance Freeman, Additional Defendant.

Supreme Court of North Carolina.

January 14, 1959.

Attorney(s) appearing for the Case

James L. Woodson, Walter H. Woodson, Salisbury, for plaintiff, appellant.

Helms, Mulliss, McMillan & Johnston, by: Fred B. Helms, Charlotte, W. T. Shuford, Salisbury, for defendant Harris Express, Inc., appellee.

HIGGINS, Justice.

The question presented is whether the evidence was sufficient to entitle the plaintiff to have the jury pass on it. "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." McFalls v. Smith, 249 N.C. 123, 105 S...

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