Jones v. . Bagwell

160 S.E. 583, 201 N.C. 831, 1931 N.C. LEXIS 128

Opinion

Pee Curiam.

There was no direct evidence at the trial o£ this action tending to sustain the allegations of the complaint with respect to the rate of speed at which, or in the manner in which defendant was driving his automobile at the time plaintiff’s intestate was struck and fatally-injured. Plaintiff contends on his appeal to this Court that the evidence tends to show facts and circumstances from which the jury could have reasonably inferred that defendant was negligent as alleged in the complaint. A careful consideration of all the evidence fails to sustain this contention. All the evidence shows that the unfortunate death of plaintiff’s intestate was the result of an unavoidable accident, for which defendant was not responsible. There was no error in the judgment dismissing the action. It is

Affirmed.