Sowers v. Marley

This case is bottomed on negligence. In an action for death by wrongful act based on negligence, the burden rests on the plaintiff to produce evidence, either direct or circumstantial, sufficient to establish the two essential elements of actionable negligence, namely: (1) That the defendant was guilty of a negligent act or omission; and (2) that such act or omission proximately caused the death of the decedent. Tysinger v. Dairy Products, 225 N.C. 717, 36 S.E. 2d 246; Mitchell v. Melts, 220 N.C. 793, 18 S.E. 2d 406; White v. Chappell, 219 N.C. 652, 14 S.E. 2d 843; Beach v. Patton, 208 N.C.…