Mills v. Moore

'WiNBORNE, J.

Taking all the evidence shown in the record on this appeal in, the light most favorable to plaintiff, and giving to him the benefit of every reasonable inference therefrom, distressing though the situation is, we are unable to find error in the judgment below. Rountree v. Fountain, 203 N. C., 381, 166 S. E., 329.

In order to establish actionable negligence: “The plaintiff must show: First, that there has been a failure to exercise proper care in the performance of some legal duty which the defendant owed to plaintiff, under the circumstances in which they were placed; and, second,…