Jones v. . Bagwell

Supreme Court of North Carolina

Decided October 21, 1931

Supreme Court of North Carolina · decided 1931-10-21

Cited by 1 later decisions — most recently November 1934

Key passage — most relied on by later courts

“There was no direct evidence at the trial of this action *Page 389 tending to sustain the allegations of the complaint with respect to the rate of speed at which, or in the manner in which, defendant was driving his automobile at the time plaintiff's intestate was struck and fatally injured. Plaintiff contends on his appeal to this Court that the evidence tends to show facts and circumstances from which the jury could have reasonably inferred that defendant was negligent, as alleged in the complaint. A careful consideration of all the evidence fails to sustain this contention. All the evidence shows that the unfortunate death of plaintiff's intestate was the result of an unavoidable accident, for which defendant was not responsible. There was no error in the judgment dismissing the action. It is affirmed.”

quoted by 1 later decision, including Jones v. . Bagwell

Good law ✅— No negative treatment on recordhow we know

Decided 1931-10-21

View the full empirical analysis of this case →

*832 Pee Curiam.

¶1 There was no direct evidence at the trial o£ this action tending to sustain the allegations of the complaint with respect to the rate of speed at which, or in the manner in which defendant was driving his automobile at the time plaintiff’s intestate was struck and fatally-injured. Plaintiff contends on his appeal to this Court that the evidence tends to show facts and circumstances from which the jury could have reasonably inferred that defendant was negligent as alleged in the complaint. A careful consideration of all the evidence fails to sustain this contention. All the evidence shows that the unfortunate death of plaintiff’s intestate was the result of an unavoidable accident, for which defendant was not responsible. There was no error in the judgment dismissing the action. It is

¶2 Affirmed.