Ashford v. Fox

Supreme Court of North Carolina

Ashford v. Fox

114 S.E.2d 101, 252 N.C. 477, 1960 N.C. LEXIS 599

DecidedMay 4, 1960

StatusPublished

This text of 114 S.E.2d 101 (Ashford v. Fox) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ashford v. Fox, 114 S.E.2d 101, 252 N.C. 477, 1960 N.C. LEXIS 599 (N.C. 1960).

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Opinion

Per Curiam.

There is no evidence tending to support the allegation in the complaint to the effect that the defendant Clawson was the agent of the defendant Fox at the time plaintiff’s intestate met her death.

Moreover, there is no evidence tending to show that the defendant Clawson knew that the exhaust pipe of the car had become stopped [479]*479up or rendered defective in any manner at the time he left plaintiff’s intestate to get help in order that the car might be removed from the ditch.

In our opinion, plaintiff’s evidence is insufficient to establish actionable negligence against these defendants or either of them.

The judgment below is Affirmed.

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Per Curiam.

There is no evidence tending to support the allegation in the complaint to the effect that the defendant Clawson was the agent of the defendant Fox at the time plaintiff’s intestate met her death.

Moreover, there is no evidence tending to show that the defendant Clawson knew that the exhaust pipe of the car had become stopped [479]*479up or rendered defective in any manner at the time he left plaintiff’s intestate to get help in order that the car might be removed from the ditch.

In our opinion, plaintiff’s evidence is insufficient to establish actionable negligence against these defendants or either of them.

The judgment below is Affirmed.

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Bluebook (online)

114 S.E.2d 101, 252 N.C. 477, 1960 N.C. LEXIS 599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ashford-v-fox-nc-1960.