Newell v. . Darnell

Conceding, but not deciding, that the city of Winston-Salem was negligent in allowing the piles of sand to remain upon its sidewalk, the plaintiff specifically alleged and proved several negligent, if not criminal, acts on the part of the defendant Frances Darnell, and we are of the opinion that such negligent acts were the sole and proximate cause of the death of the plaintiff’s intestate, for which the defendant city cannot be held liable. The death of the intestate was not the natural or probable consequence of the city’s alleged negligence in allowing the piles of sand to remain upon the…