Messick v. Turnage
Cases that cite this one
13 later published cases cite this decision.
- Warren v. Lewis (N.C. 1968)
- Paul A. Bennett Realty Co. v. Hoots (N.C. Ct. App. 1970)
- Bowen v. Gardner ex rel. Gardner (N.C. Ct. App. 1969)
- Barbour v. City Coach Co. (N.C. Ct. App. 1968)
- Jackson Ex Rel. Jackson v. McBride (N.C. 1967)
- Moody v. Kersey (N.C. 1967)
- Ashe v. Acme Builders, Inc. (N.C. 1966)
- Faison v. T & S TRUCKING COMPANY (N.C. 1966)
- Moore v. Hales (N.C. 1966)
- Douglas v. W. C. Mallison & Son (N.C. 1965)
- Lynn v. Wheeler (N.C. 1963)
- Fox v. Hollar (N.C. 1962)
- Andrews v. Bruton (N.C. 1955)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
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.
The judgment of the Superior Court of Beaufort County is
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.