Nix v. Earley

Supreme Court of North Carolina

Nix v. Earley

140 S.E.2d 402, 263 N.C. 795, 1965 N.C. LEXIS 1373

CourtSupreme Court of North Carolina

DecidedFebruary 24, 1965

StatusPublished

Cited by1 cases

This text of 140 S.E.2d 402 (Nix v. Earley) 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

Nix v. Earley, 140 S.E.2d 402, 263 N.C. 795, 1965 N.C. LEXIS 1373 (N.C. 1965).

Pincite

Opinion

Per Curiam.

After careful and full consideration of the evidence, we are of opinion, and so decide, that there is no evidence sufficient to support plaintiff’s allegation that Lonnie Nix was crossing Highway #70 within an unmarked crosswalk at an intersection. G.S. 20-173; G.S. 20-174; G.S. 20-38(1).

If it be conceded that the evidence was sufficient to require submission of an issue as to defendant’s actionable negligence, it is manifest, that the negligence of Lonnie Nix was at least one of the proximate causes of his fatal injuries. The only reasonable conclusion to be drawn from the evidence is that Lonnie Nix, notwithstanding he could and should have observed the approach of defendant’s car, walked or ran directly into the path thereof. The applicable legal principles are stated in Blake v. Mallard, 262 N.C. 62, 136 S.E. 2d 214, and cases cited.

On the grounds stated, the judgment of involuntary nonsuit is affirmed.

Affirmed.

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Per Curiam.

After careful and full consideration of the evidence, we are of opinion, and so decide, that there is no evidence sufficient to support plaintiff’s allegation that Lonnie Nix was crossing Highway #70 within an unmarked crosswalk at an intersection. G.S. 20-173; G.S. 20-174; G.S. 20-38(1).

If it be conceded that the evidence was sufficient to require submission of an issue as to defendant’s actionable negligence, it is manifest, that the negligence of Lonnie Nix was at least one of the proximate causes of his fatal injuries. The only reasonable conclusion to be drawn from the evidence is that Lonnie Nix, notwithstanding he could and should have observed the approach of defendant’s car, walked or ran directly into the path thereof. The applicable legal principles are stated in Blake v. Mallard, 262 N.C. 62, 136 S.E. 2d 214, and cases cited.

On the grounds stated, the judgment of involuntary nonsuit is affirmed.

Affirmed.

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Bluebook (online)

140 S.E.2d 402, 263 N.C. 795, 1965 N.C. LEXIS 1373, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nix-v-earley-nc-1965.

Opinion

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