State v. . Cope

Did the trial court correctly observe the difference between actionable and culpable negligence in charging the jury? Pre liminary to answering this question, it may be helpful to plot again the line, sometimes shadowy, which separates the two.

1. Actionable negligence in the law of torts is a breach of some duty imposed by law or a want of due care — commensurate care under the circumstances — which proximately results in injury to another. Small v. Utilities Co., 200 N. C., 719, 158 S. E., 385; Eller v. Dent, 203 N. C., 439; Hurt v. Power Co., 194 N. C., 696, 140 S. E., 730; Ramsbottom v. R.…