WALL v. TROGDON

No. 524.

107 S.E.2d 757 (1959)

249 N.C. 747

L. W. WALL and wife, Louise Wall, v. Wendell TROGDON and Trogdon Flying Service, Inc.

Supreme Court of North Carolina.

March 25, 1959.


Attorney(s) appearing for the Case

Miller & Beck, John Randolph Ingram, Asheboro, for plaintiffs-appellants.

Walker & Melvin, Greensboro, for defendants-appellees.


WINBORNE, Chief Justice.

It is seen that plaintiffs undertake to ground their alleged cause of action on (1) trespass and (2) actionable negligence. Even so, when the evidence shown in the record of case on appeal is taken in the light most favorable to plaintiffs, and giving to them the benefit of every reasonable inference therefrom, the case in both aspects is left in a state of uncertainty and rests upon possibility...

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