WEIL'S INCORPORATED v. OVERNITE TRANSPORTATION CO.

No. 718DC119.

181 S.E.2d 749 (1971)

11 N.C. App. 554

WEIL'S INCORPORATED v. OVERNITE TRANSPORTATION CO.

Court of Appeals of North Carolina.

June 23, 1971.


Attorney(s) appearing for the Case

Taylor, Allen, Warren & Kerr by John H. Kerr, Goldsboro, for plaintiff appellee.

J. Faison Thomson, Jr., Goldsboro, for defendant appellant.


VAUGHN, Judge.

The question we consider is whether the court erred when it declined to grant defendant's motions for a directed verdict made at the close of plaintiff's evidence and at the close of all the evidence.

It was incumbent upon the plaintiff to prove that the damage to the table was caused by defendant's negligence. Absent direct evidence of negligence by the carrier, plaintiff could make out a prima...

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