ROGERS v. GREEN

No. 97.

113 S.E.2d 364 (1960)

252 N.C. 214

Gay H. ROGERS, Administrator of Estate of G. Harold Rogers, v. Percy Allen GREEN and Gordon Ward Ballou.

Supreme Court of North Carolina.

March 23, 1960.


Attorney(s) appearing for the Case

Elmore & Martin, Asheville, for plaintiff-appellant.

Uzzell & DuMont, Asheville, for defendant-appellee.


WINBORNE, Chief Justice.

When the evidence shown in the record of case on appeal here involved is taken in the light most favorable to plaintiff, giving to him the benefit of every reasonable inference to be drawn therefrom, as is done in considering demurrer to the evidence, this Court is of opinion that plaintiff fails to make out a case of actionable negligence for alleged wrongful death of plaintiff's intestate.

In an action for recovery of damages for...

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