Rogers v. . American Tobacco Company

178 S.E. 226, 207 N.C. 865, 1935 N.C. LEXIS 288

• Court: Supreme Court of North Carolina
• Decided: January 28, 1935
• Status: Published

Opinion

Peü Curiam:.

There is no evidence in the record tending to show a breach by the defendant Y. B. Lougee, Jr., of any duty which he owed to the plaintiff as superintendent of his codefendant, American Tobacco Company. For that reason there was error in the refusal of the trial court to allow the motion of said defendant, at the close of all the evidence, that the action be dismissed as to him. The judgment against the defendant Y. B. Lougee, Jr., is reversed.

There was evidence at the trial tending to show that the plaintiff was injured by the negligence of the defendant American Tobacco Company. See Ross v. Cotton Mills, 140 N. C., 115, 52 S. E., 121. This evidence, together with the conflicting evidence with respect to the contributory negligence of the plaintiff, was properly submitted to the jury. There was no error in the refusal of the trial court to allow the motion of the defendant American Tobacco Company at the close of all the evidence that the action be dismissed as to said defendant. The judgment against the defendant American Tobacco Company is affirmed.

Reversed in appeal of defendant Y. B. Lougee, Jr.

No error in appeal of defendant American Tobacco Company.