Hensley Ex Rel. Hensley v. Southern Railway Co.
This text of 54 S.E.2d 926 (Hensley Ex Rel. Hensley v. Southern Railway Co.) 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
No new question of law arises on this appeal, and a careful examination of the assignments of error, brought forward by plaintiffs, fails to reveal error. The evidence offered by plaintiffs on the trial in Superior Court, as shown in the case on appeal, when tested by well settled principles of law, fails to make out a case sufficient for consideration by the jury. It may be fairly doubted that plaintiffs show any evidence of negligence on the part of defendants. But on the other hand, the evidence clearly shows the negligence on the part of the operator of the truck here involved was the sole proximate cause of the collision, and comes within the principles applied in the case of Johnson v. R. R., 214 N.C. 484, 199 S.E. 704; and Jeffries v. Powell, 221 N.C. 415, 20 S.E. 2d 561, and cases there cited, on the authority of which there is, in the judgments from which appeal is taken,
No error.
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Cite This Page — Counsel Stack
54 S.E.2d 926, 230 N.C. 617, 1949 N.C. LEXIS 394, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hensley-ex-rel-hensley-v-southern-railway-co-nc-1949.