Legal Opinion
Petty v. Cranston Print Works Company
Supreme Court of North Carolina
Decided January 13, 1956No. 245PublishedCited by 35 opinions
1Opinion of the CourtBobbitt, J.
The facts disclosed by the evidence impel the conclusion that judgment of involuntary nonsuit was proper.
To recover damages for actionable negligence, plaintiff must establish (1) a legal duty, (2) a breach thereof, and (3) injury proximately caused by such breach. Ramsbottom v. R. R., 138 N.C. 38, 41, 50 S.E. 448. Plaintiff’s action is in tort. Even so, the duty owed by defendant to plaintiff arises from and is determined by the relationship subsisting between them. Pinnix v. Toomey, 242 N.C. 358, 87 S.E. 2d 893.
Plaintiff was not an employee of Cranston. He was an employee of Piping Company;…
2Cases cited23 opinions
- MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
- Hayes v. . Elon CollegeSupreme Court of North Carolina · 1944
- Coughtry v. . Globe Woolen Co.New York Court of Appeals · 1874
- Hayes v. Board of Trustees of Elon CollegeSupreme Court of North Carolina · 1944
- Pinnix v. ToomeySupreme Court of North Carolina · 1955
18 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Hunt v. North Carolina Department of LaborSupreme Court of North Carolina · 1998
- Matthieu v. Piedmont Natural Gas CompanySupreme Court of North Carolina · 1967
- Kientz v. CarltonSupreme Court of North Carolina · 1957
- Olympic Products Co. v. Roof Systems, Inc.Court of Appeals of North Carolina · 1988
- Warren v. StancliffSupreme Court of Connecticut · 1968
30 more not listed; retrieve them via the Exa API.