Merrell v. Kindley
Cases that cite this one
5 later published cases cite this decision.
- Grant v. Royal (N.C. 1959)
- Johns Ex Rel. Earney v. Day (N.C. 1962)
- Brewer v. Green (N.C. 1961)
- Hodgin v. Guilford Tractor & Implement Co. (N.C. 1958)
- Fleming v. Twiggs (N.C. 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
The only question presented is the sufficiency of the evidence of negligence to withstand the motion for nonsuit. Negligence is not to be presumed from the mere fact that an accident has occurred. The only evidence in the record against the defendant is that he sounded his horn and his car hit the plaintiff. All else is left to conjecture. In *120 no aspect of the case does the evidence show actionable negligence. Consequently the judgment of nonsuit must be
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.