Haney v. . Bailey
This text of 166 S.E. 792 (Haney v. . Bailey) 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.
Opinion
The law which is always jealous of the rights of a child, and ever swift to afford a remedy for a wrong suffered by him, is also' just to one who is sought to be held liable in damages for an injury suffered by a child. Ordinarily, liability for the consequences of an injury, even where the injury was suffered by a child, arises only where the injury was caused by the failure of the defendant to perform a duty which was imposed by law under the circumstances. Even the law must be just, before it is generous.
In the instant case, there was no evidence at the trial tending to show the injury suffered by plaintiff’s ward, was caused by the negligence of the defendant. For tbat reason the judgment dismissing the action is
Affirmed.
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Cite This Page — Counsel Stack
166 S.E. 792, 203 N.C. 861, 1932 N.C. LEXIS 127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haney-v-bailey-nc-1932.