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Pace v. Transport Co.

Supreme Court of North Carolina
Nov 1, 1939
5 S.E.2d 547 (N.C. 1939)

Opinion

(Filed 22 November, 1939.)

APPEAL by plaintiff from Sinclair, J., at March Term, 1939, of FRANKLIN.

Yarborough Yarborough and Chas. P. Green for plaintiff, appellant.

Douglass Douglass for defendant, appellee.


Civil action to recover for alleged wrongful death. C. S., 161.

Judgment as in case of nonsuit entered at close of evidence for plaintiff, who appeals to Supreme Court and assigns error.


The evidence adduced on the trial below, as shown in record on this appeal, taken in the light most favorable to plaintiff, leads unerringly to the conclusion that the untimely death of the intestate was the result of an unavoidable accident for which the defendant is not liable.

The judgment below is

Affirmed.


Summaries of

Pace v. Transport Co.

Supreme Court of North Carolina
Nov 1, 1939
5 S.E.2d 547 (N.C. 1939)
Case details for

Pace v. Transport Co.

Case Details

Full title:S. F. PACE, ADMINISTRATOR OF HAYWOOD M. PACE, v. RELIABLE TRANSPORT…

Court:Supreme Court of North Carolina

Date published: Nov 1, 1939

Citations

5 S.E.2d 547 (N.C. 1939)
5 S.E.2d 547

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" To like effect is the decision in Pace v. Transport Co., 216 N.C. 804, 5 S.E.2d 547. There, though the…