PEOPLES BANK & TRUST COMPANY v. Snowden

This appeal involves only the question whether plaintiff’s evidence was sufficient to take the case to the jury on the issue of defendant’s actionable negligence. It presents once again this frequently recurring situation to which there are no eyewitnesses: An automobile leaves the highway, upsets or collides with some object, and thereby causes personal injury or death. The doctrine of res ipsa loquitur is not applicable to such cases, for negligence is not presumed from the mere fact that a vehicle veers off the highway. Crisp v. Medlin, 264 N.C. 314, 141 S.E. 2d 609; Yates v. Chappell, 263…