JOHNSON v. LIBBY HILL SEAFOOD RESTAURANTS, INC.

No. 526.

125 S.E.2d 324 (1962)

257 N.C. 115

Charles I. JOHNSON, Sr. v. LIBBY HILL SEAFOOD RESTAURANTS, INC.

Supreme Court of North Carolina.

May 2, 1962.


Attorney(s) appearing for the Case

Ottway Burton and Linwood T. Peoples, Asheboro, for plaintiff appellant.

Jordan, Wright, Henson & Nichols and Karl N. Hill, Jr., Greensboro, for defendant appellee.


PER CURIAM.

Plaintiff's evidence shows that he was an invitee in defendant's truck to select and buy fish, and, therefore defendant was under a legal duty to exercise reasonable care to keep the inside of his truck, where the fish were, reasonably safe for the use for which it was designed and intended, for plaintiff, a customer. However, defendant was not under an insurer's liability in this respect. The doctrine of res ipsa loquitur has no application to...

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