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KINLAW v. WILLETTS

No. 746.

131 S.E.2d 351 (1963)

259 N.C. 597

Murphy Lee KINLAW v. Walter Maynard WILLETTS and Horace T. King, Trading and Doing Business as New Hanover Iron Works.

Supreme Court of North Carolina.

June 14, 1963.

Attorney(s) appearing for the Case

Barrington & Britt, by J. H. Barrington, Jr., Lumberton, for plaintiff, appellant.

Ellis E. Page, Lumberton, for defendants, appellees.

HIGGINS, Justice.

In order to escape nonsuit in a negligence case, a plaintiff must offer evidence either direct, circumstantial, or a combination of both, tending to show that the defendant failed to exercise that degree of care for the plaintiff's safety which a reasonably prudent man under like circumstances would exercise when charged with a like duty; and that the defendant's failure was the cause, or, under certain...

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