Legal Opinion · Dissent

Roberts v. William N. & Kate B. Reynolds Memorial Park

Court of Appeals of North Carolina

Decided August 4, 1971No. 7121SC231Published

1Dissent

Judge Hedrick

dissenting.

A bailor for hire may be liable for personal injuries proximately resulting from the defective condition of a vehicle rented by him, where he is aware of the defect, or by reasonable care could have discovered it. Hudson v. Drive It Yourself, Inc., 236 N.C. 503, 73 S.E. 2d 4 (1952) ; 46 A.L.R. 2d 404, 443.

In the instant case, it would have been negligence for the defendants to have rented a golf cart with defective brakes to the plaintiff and his companion if the defects were known to the defendants' or could have been discovered by reasonable inspection.

With respect…

2Cases cited4 opinions

  1. Kelly v. International Harvester CompanySupreme Court of North Carolina · 1971
  2. Hudson v. DRIVE IT YOURSELF, INC.Supreme Court of North Carolina · 1952
  3. Anderson v. MannCourt of Appeals of North Carolina · 1970
  4. Adler v. Lumber Mutual Fire Insurance CompanyCourt of Appeals of North Carolina · 1971

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