Justice v. Prescott
This text of 129 S.E.2d 479 (Justice v. Prescott) 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 evidence disclosed that two life guards were on duty at the time the boy’s body was removed from the water. One was stationed within less than 30 feet of the spot. Twenty-five to thirty other bathers were within the one-quarter acre which constituted the swimming .area. No one heard or observed any signal of distress. The water was only up to the boy’s waist. What caused his death — whether strangulation, apoplexy, heart attack, or otherwise - — • is left to conjecture. Evidence of actionable negligence is lacking.
The judgment of nonsuit for failure of proof is
Affirmed.
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Cite This Page — Counsel Stack
129 S.E.2d 479, 258 N.C. 781, 1963 N.C. LEXIS 468, Counsel Stack Legal Research, https://law.counselstack.com/opinion/justice-v-prescott-nc-1963.