Davis v. Carolina Power & Light Co.

This case is founded on negligence. In an action for death by wrongful act based on negligence, tbe burden rests on tbe plaintiff to produce evidence sufficient to establish tbe two essential elements of actionable negligence, namely: (1) That tbe defendant was guilty of a negligent act or omission; and (2) that such act or omission was tbe proximate cause of tbe death of tbe decedent. Sowers v. Marley, 235 N.C. 607, 70 S.E. 2d 670.

It is well settled in this jurisdiction that foreseeability of injury is a requisite of proximate cause. Cox v. Freight Lines, 236 N.C. 72, 72 S.E. 2d 25; Wood v.…