(DOWNLOAD) "Sowers v. Marley" by Supreme Court of North Carolina * eBook PDF Kindle ePub Free

eBook details

Title: Sowers v. Marley
Author : Supreme Court of North Carolina
Release Date : January 21, 1952
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 51 KB

Description

This case is bottomed on negligence. In an action for death by wrongful act based on negligence, the burden rests on the plaintiff to produce evidence, either direct or circumstantial, sufficient to establish the two essential elements of actionable negligence, namely: (1) That the defendant was guilty of a negligent act or omission; and (2) that such act or omission proximately caused the death of the decedent. Tysinger v. Dairy Products, 225 N.C. 717, 36 S.E.2d 246; Mitchell v. Melts, 220 N.C. 793, 18 S.E.2d 406; White v. Chappell, 219 N.C. 652, 14 S.E.2d 843; Beach v. Patton, 208 N.C. 134, 179 S.E. 446.