Fortner v. Deitz

Supreme Court of North Carolina

Fortner v. Deitz

102 S.E.2d 423, 248 N.C. 73, 1958 N.C. LEXIS 336

DecidedMarch 19, 1958

StatusPublished

This text of 102 S.E.2d 423 (Fortner v. Deitz) 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

Fortner v. Deitz, 102 S.E.2d 423, 248 N.C. 73, 1958 N.C. LEXIS 336 (N.C. 1958).

Pincite

Opinion

Per Curiam.

The only assignment of error presented for decision on this appeal is based upon exception to entry of judgment as of non-suit.

Taking the evidence offered upon trial below, as shown in the record of case on appeal, in the light most favorable to plaintiff, as is done in testing its sufficiency to withstand motion for judgment as of nonsuit, there is lack of evidence from which actionable negligence is shown, or may be inferred. Indeed it is speculative as to what caused the accident.

But if it should be conceded that there is evidence of negligence on the part of defendant, the evidence clearly establishes, as a matter of law, contributory negligence of plaintiff. No new principle of law is involved. Hence the judgment as of nonsuit is

Affirmed.

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Per Curiam.

The only assignment of error presented for decision on this appeal is based upon exception to entry of judgment as of non-suit.

Taking the evidence offered upon trial below, as shown in the record of case on appeal, in the light most favorable to plaintiff, as is done in testing its sufficiency to withstand motion for judgment as of nonsuit, there is lack of evidence from which actionable negligence is shown, or may be inferred. Indeed it is speculative as to what caused the accident.

But if it should be conceded that there is evidence of negligence on the part of defendant, the evidence clearly establishes, as a matter of law, contributory negligence of plaintiff. No new principle of law is involved. Hence the judgment as of nonsuit is

Affirmed.

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Bluebook (online)

102 S.E.2d 423, 248 N.C. 73, 1958 N.C. LEXIS 336, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fortner-v-deitz-nc-1958.