Byrd v. Express Co.
Supreme Court of North Carolina
ActioN by Rufus Byrd, Administrator of James-E. Byrd, against Southern Express Co., beard by Judge G. S. Ferguson and a jury, at the May Term, 1905, of the Superior Court of Cumberland County. From a judgment of-nonsuit, the plaintiff appealed. Plaintiff sued to recover damages for the death of his intestate alleged to1 have- been caused1 by the negligence of the defendant.
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ActioN by Rufus Byrd, Administrator of James-E. Byrd, against Southern Express Co., beard by Judge G. S. Ferguson and a jury, at the May Term, 1905, of the Superior Court of Cumberland County. From a judgment of-nonsuit, the plaintiff appealed. Plaintiff sued to recover damages for the death of his intestate alleged to1 have- been caused1 by the negligence of the defendant. The intestate, plaintiff’s son, about' eighteen years old, was ill with typhoid fever at Wade, N. 0., on September 11, 1903. His physician, early in tbe 'day, gave a prescription for him to a druggist at Fayetteville, who…
1Opinion of the Court
WalkieR, J.,
after stating the case: If it is conceded that there was negligence on the part of defendant, we do not think there was sufficient evidence to be submitted to the jury that it caused the death of the plaintiff’s intestate. There must always, in actions of this kind, be a causal connection between the alleged act of negligence and the injury which is supposed to have resulted therefrom. The breach of duty must be the cause of the damage. The fact that the defendant has been guilty of negligence, followed by an injury, does not make him liable for that injury, which is sought to be…
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