Money v. Travelers Hotel Co.
Supreme Court of North Carolina
Appeal by plaintiff from Harding, J.; at tbe March Term, 1917, of FORSYTE. This is an action to recover damages for the wrongful death of the intestate of the plaintiff caused, as the • plaintiff alleges, by the negligence of the defendant, a hotel company, in failing to have the door of its elevator securely fastened.
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Appeal by plaintiff from Harding, J.; at tbe March Term, 1917, of FORSYTE. This is an action to recover damages for the wrongful death of the intestate of the plaintiff caused, as the • plaintiff alleges, by the negligence of the defendant, a hotel company, in failing to have the door of its elevator securely fastened. The following is a diagram of the premises : S. B. Patterson was a guest of tbe hotel and occupied Room 307. On the day the intestate of the plaintiff was killed he met Patterson on the street about 10 or 11 o’clock in the morning, and ujton his invitation went with him to his…
1Opinion of the CourtAllen, J.
Actionable negligence consists in a breach of duty to the plaintiff. McGee v. R. R., 147 N. C., 145. “In order to sustain an action, the plaintiff must state and prove facts sufficient to show what the duty is, and that the defendant owes it to him.” Shepherd, J., in Emry v. Nav. Co., 111 N. C., 94. “It has been often pointed out that a person cannot be held liable for negligence unless he owed some duty to the plaintiff, and that duty was neglected.” Lane v. Cox, 1 Q. B. D., L. R. (1897).
*511Tbe plaintiff bas offered evidence tending to prove negligent conduct on tbe part of tbe defendant, in…
2Cases cited16 opinions
- Reardon v. ThompsonMassachusetts Supreme Judicial Court · 1889
- Evansville & Terre Haute Railroad v. GriffinIndiana Supreme Court · 1885
- Pittsburgh, Fort Wayne & Chicago Railway Co. v. BinghamOhio Supreme Court · 1876
- Briscoe v. Henderson Lighting & Power Co.Supreme Court of North Carolina · 1908
- Bailey v. North Carolina R. R.Supreme Court of North Carolina · 1908
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3Cited by10 opinions
- Murrell v. HandleySupreme Court of North Carolina · 1957
- Cupita v. Carmel Country Club, Inc.Supreme Court of North Carolina · 1960
- Kelly v. United StatesDistrict of Columbia Court of Appeals · 1975
- Cumberland Hotel Operating Co. v. HartmanCourt of Appeals of Kentucky (pre-1976) · 1936
- Monroe v. . R. R.Supreme Court of North Carolina · 1909
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