Supreme Court of North Carolina, 1934

Kaylor v. . Sain

Kaylor v. . Sain
Supreme Court of North Carolina · Decided October 31, 1934 · PER CURIAM.
176 S.E. 560; 207 N.C. 312 (South Eastern Reporter)

Kaylor v. . Sain

Opinion of the Court

Per Curiam.

“The act complained of must have been with a strong hand, 'manu forti/ and this implies the exercise of greater force than is expressed by the words ‘vi et armis/ Rudeness of language, mere words, *313 or even a slight demonstration of force against which ordinary firmness is a sufficient protection will not constitute the offense.” Anthony v. Protective Union, 206 N. C., 7 (11), and cases there cited.

. We are of the opinion that the evidence was insufficient to sustain an action for trespass against the person or possession of the plaintiff and, therefore, his Honor was correct in granting the motion for judgment as in case of nonsuit.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.