Frazier v. Wilkes.
Supreme Court of North Carolina
ActioN by A. H. Frazier against Jane R. Wilkes, heard by Judge Thomas J. Bhaw, at March Term, 1903, of the Superior Co-urt of Meoiclenburg County. From a judgment of non-suit, the plaintiff appealed.
1Per curiam
The facts in the case come clearly within the language of Justice Montgomery speaking for the court in Raiford v. Railroad, 130 N. C., 597: “No act or omission, though resulting in damage, can be deemed actionable negligence unless the one responsible could, by the exercise of ordinary care, under all the circumstances, have foreseen that it might result in damage to some- one.” This is one of those misfortunes against wbicb no reasonable human foresight could have made provision.
Affirmed.
Walker, J., having been of counsel did not sit on tho hearing of this case.
2Cases cited1 opinion
- Raiford v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1902
3Cited by2 opinions
- Lassiter v. Seaboard Air Line RailwaySupreme Court of North Carolina · 1909
- Fuller v. RailroadSupreme Court of North Carolina · 1906