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240 N.C. 625

83 S.E.2d 654

Messick v. Turnage

Supreme Court of North Carolina

Decided September 22, 1954

Supreme Court of North Carolina · decided 1954-09-22

Relies on Bowen v. Darden · Smith v. Barnes

Good law ✅— No negative treatment on recordhow we know

Decided 1954-09-22

How this case has been cited

Cited by 24 later decisions — most recently February 1970

24 state decisions

200195419601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Higgins, J.

¶1 The negligence sufficiently pleaded in the complaint is to the effect that the defendant “knew or should have known . . . that said roof was leaking and in bad repair . . .” There is not a suggestion in the evidence that the roof was leaking and in bad repair. It was incumbent upon the plaintiff not only to prove negligence proximately causing her injury, but it was her duty to prove negligence substantially as alleged in her complaint. This she failed to do. Proof without. allegation is as unavailing as allegation without proof. Smith v. Barnes, 236 N.C. 176, 72 S.E. 2d 216; Bowen v. Darden, 233 N.C. 443, 64 S.E. 2d 285.

¶2 The judgment of the Superior Court of Beaufort County is

¶3 Affirmed.

/240/nc/625 · .json · Public domain