Legal Opinion

Hilker v. Knox

Court of Appeals of North Carolina

Decided July 11, 1973No. 7310SC496PublishedCited by 1 opinion

1Opinion of the Court

BRITT, Judge.

We hold that the court did not err in rendering summary judgment in favor of defendant. In our opinion, neither in her affidavit nor in her deposition did plaintiff show actionable negligence on the part of defendant that would support a verdict on the issue of negligence.

Plaintiff concedes that on the occasion in question, she was a licensee. This concession, that an invited guest in the home of the owner is a licensee and not an invitee, is fully supported by the authorities. Cobb v. Clark, 265 N.C. 194, 143 S.E. 2d 103 (1965); Murrell v. Handley, 245 N.C. 559, 96 S.E. 2d 717…

2Cases cited5 opinions

  1. Murrell v. HandleySupreme Court of North Carolina · 1957
  2. Dunn v. . BombergerSupreme Court of North Carolina · 1938
  3. Cobb v. ClarkSupreme Court of North Carolina · 1965
  4. Clarke v. KerchnerCourt of Appeals of North Carolina · 1971
  5. Clarke v. KerchnerSupreme Court of North Carolina · 1971

3Cited by1 opinion

  1. State v. WareCourt of Appeals of North Carolina · 1976

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