Winters ex rel. Gordon v. Burch

Court of Appeals of North Carolina

Winters ex rel. Gordon v. Burch

195 S.E.2d 343, 17 N.C. App. 660, 1973 N.C. App. LEXIS 1435

Court of Appeals of North Carolina·Decided March 28, 1973·No. No. 7321SC123·Published

Opinions

HEDRICK, Judge.

By their two assignments of error, plaintiffs contend the court erred in allowing defendant’s motion for directed verdict and in the entry of judgment directing a verdict for the defendant.

When the evidence in this case is considered in the light most favorable to the plaintiffs, it is insufficient, in our opinion, to raise an inference that the injuries to the minor plaintiff were proximately caused by the actionable negligence of the defendant in the operation of her automobile. Brewer v. Green, 254 N.C. 615, 119 S.E. 2d 610 (1961).

The judgment is

Affirmed.

Chief Judge Mallard concurs and Judge Morris dissents.

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HEDRICK, Judge.

By their two assignments of error, plaintiffs contend the court erred in allowing defendant’s motion for directed verdict and in the entry of judgment directing a verdict for the defendant.

When the evidence in this case is considered in the light most favorable to the plaintiffs, it is insufficient, in our opinion, to raise an inference that the injuries to the minor plaintiff were proximately caused by the actionable negligence of the defendant in the operation of her automobile. Brewer v. Green, 254 N.C. 615, 119 S.E. 2d 610 (1961).

The judgment is

Affirmed.

Chief Judge Mallard concurs and Judge Morris dissents.

Winters ex rel. Gordon v. Burch, 195 S.E.2d 343, 17 N.C. App. 660, 1973 N.C. App. LEXIS 1435 (N.C. Ct. App. 1973).

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195 S.E.2d 343 (Winters ex rel. Gordon v. Burch) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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