Godley v. Whichard

Supreme Court of North Carolina

Godley v. Whichard

124 S.E.2d 112, 256 N.C. 467, 1962 N.C. LEXIS 454

DecidedFebruary 28, 1962

StatusPublished

This text of 124 S.E.2d 112 (Godley v. Whichard) 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

Godley v. Whichard, 124 S.E.2d 112, 256 N.C. 467, 1962 N.C. LEXIS 454 (N.C. 1962).

Pincite

Opinion

Per Curiam.

The proprietor of a swimming resort operated for hire is not an insurer of the patron’s safety. He must, however, exercise due care to see the place and appliances incident to its use are reasonably safe. A proprietor may not mislead a patron by false statements [468]*468of the water’s depth. The evidence at the trial was sufficient to go to the jury on the issue of defendant’s actionable negligence. Consequently, the judgment of nonsuit is reversed in order that the jury may determine the issues raised by the pleadings.

Reversed.

WlNBORNE, C.J., not sitting.

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Per Curiam.

The proprietor of a swimming resort operated for hire is not an insurer of the patron’s safety. He must, however, exercise due care to see the place and appliances incident to its use are reasonably safe. A proprietor may not mislead a patron by false statements [468]*468of the water’s depth. The evidence at the trial was sufficient to go to the jury on the issue of defendant’s actionable negligence. Consequently, the judgment of nonsuit is reversed in order that the jury may determine the issues raised by the pleadings.

Reversed.

WlNBORNE, C.J., not sitting.

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Bluebook (online)

124 S.E.2d 112, 256 N.C. 467, 1962 N.C. LEXIS 454, Counsel Stack Legal Research, https://law.counselstack.com/opinion/godley-v-whichard-nc-1962.