Kaylor v. . Sain
This text of 176 S.E. 560 (Kaylor v. . Sain) 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 act complained of must have been with a strong hand, 'manu forti/ and this implies the exercise of greater force than is expressed by the words ‘vi et armis/ Rudeness of language, mere words, *313 or even a slight demonstration of force against which ordinary firmness is a sufficient protection will not constitute the offense.” Anthony v. Protective Union, 206 N. C., 7 (11), and cases there cited.
. We are of the opinion that the evidence was insufficient to sustain an action for trespass against the person or possession of the plaintiff and, therefore, his Honor was correct in granting the motion for judgment as in case of nonsuit.
Affirmed.
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Cite This Page — Counsel Stack
176 S.E. 560, 207 N.C. 312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kaylor-v-sain-nc-1934.