Lane v. Bryan

Plaintiff’s alleged cause of action is for death by wrongful act based on negligence. The burden of proof rests upon plaintiff to produce evidence sufficient to establish the two essential elements of his alleged case: one, that the defendant was guilty of a negligent act or omission, and two, that such act or omission proximately caused the death of his intestate. Garland v. Gatewood, 241 N.C. 606, 86 S.E. 2d 195; Sowers v. Marley, 235 N.C. 607, 70 S.E. 2d 670.

The only negligence of legal importance is negligence which proximately causes or contributes to the death or injury under judicial…