HUBBARD v. QUALITY OIL COMPANY OF STATESVILLE, INC.

No. 451.

151 S.E.2d 71 (1966)

268 N.C. 489

Voyd L. HUBBARD, trading and doing business as Hubbard's Superette, v. QUALITY OIL COMPANY OF STATESVILLE, INCORPORATED, Quality Oil Transport Company, a Partnership, and William J. Hamilton.

Supreme Court of North Carolina.

November 23, 1966.


Attorney(s) appearing for the Case

McElwee & Hall, North Wilkesboro, for plaintiff.

Deal, Hutchins & Minor and Richard Tyndall, Winston-Salem, for defendants.


BRANCH, Justice.

The decisive question on this appeal is whether the court erred in overruling defendants' motion for nonsuit.

The doctrine of res ipsa loquitur is not invoked by plaintiff, nor is it available. The attic furnace, the underground tanks, filler pipes, and the entire store building were under the control of the plaintiff. The doctrine does not apply when the instrumentalities causing the injury are not under the exclusive control or management...

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