Shinault v. Creed
Cases that cite this one
3 later published cases cite this decision.
- Barnes v. Horney (N.C. 1958)
- Battle v. Chavis (N.C. 1966)
- Cagle v. Norfolk Southern Railway (District Court, M.D. North Carolina 1956)
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
No negligence is presumed from the mere fact that plaintiff’s intestate was run over, and killed by the defendant. The evidence, when considered in the light most favorable to the plaintiff, and giving to him the benefit of every reasonable inference to be drawn therefrom, fails to disclose any negligence on defendant’s part, and, in particular, fails to show that the defendant by the exercise of reasonable care could have discovered the perilous plight of the deceased and his incapacity to escape therefrom before he ran over him.
Thé judgment of nonsuit below is
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.