Legal Opinion · Dissent

Pemberton v. Lewis

Supreme Court of North Carolina

Decided March 5, 1952No. 665Published

1DissentErvin, J.

According to my interpretation of the case on appeal, the evidence of the plaintiffs is sufficient to support the conclusion that the pitiful plight of their ward, W. S. Pemberton, is the natural and probable consequence of the virtual refusal of the defendants to keep in proper repair a simple safety appliance of a type in general and approved use on ambulances. In consequence, I cannot join in the decision holding that in no view of the testimony can the defendants be deemed guilty of actionable negligence. The reasons which prompt my dissent are set forth below.

The decisions explaining how…

2Cases cited25 opinions

  1. Graham v. North Carolina Butane Gas Co.Supreme Court of North Carolina · 1950
  2. Lincoln v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1935
  3. Higdon v. JaffaSupreme Court of North Carolina · 1949
  4. Barlow v. City Bus Lines, Inc.Supreme Court of North Carolina · 1948
  5. Diamond v. McDonald Service StoresSupreme Court of North Carolina · 1937

20 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API