Jones v. . Bagwell

Supreme Court of North Carolina

Jones v. . Bagwell

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

CourtSupreme Court of North Carolina

DecidedOctober 21, 1931

StatusPublished

Cited by3 cases

This text of 160 S.E. 583 (Jones v. . Bagwell) 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

Jones v. . Bagwell, 160 S.E. 583, 201 N.C. 831, 1931 N.C. LEXIS 128 (N.C. 1931).

Pincite

Opinion

*832 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.

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*832 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.

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Bluebook (online)

160 S.E. 583, 201 N.C. 831, 1931 N.C. LEXIS 128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-bagwell-nc-1931.

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