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BLOUNT-MIDYETTE & CO. v. AEROGLIDE CORPORATION

No. 24.

119 S.E.2d 225 (1961)

254 N.C. 484

BLOUNT-MIDYETTE & COMPANY v. AEROGLIDE CORPORATION.

Supreme Court of North Carolina.

April 19, 1961.

Attorney(s) appearing for the Case

Carter & Ross, Washington, Teague, Johnson & Patterson, Raleigh, for plaintiff appellee.

Robert E. Long, Burlington, Rodman & Rodman, Washington, for defendant appellant.

WINBORNE, Chief Justice.

The determinative question on appeal in this case is whether or not the trial court correctly instructed the jury as to the burden of proof. The defendant appellant contends that once the frustrating event causing impossibility of performance is proved, the onus is upon the plaintiff to establish negligence on the part of the defendant as would deprive the latter of its right to rely upon the defense...

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