Baker v. Atlantic Coast Line Railroad

"Winboene, J.

This appeal challenges only the judgment as of non-suit entered in the trial court. As to this, the evidence shown in the case on appeal taken in the light most favorable to plaintiff, as is done in such case, fails to make out a case of actionable negligence, — indeed fails to show any negligence on the part of defendant. Murray v. R. R., 218 N.C. 392, 11 S.E. 2d 326, and cases there cited.

In an action for the recovery of damages for injuries allegedly resulting from actionable negligence, “The plaintiff must show: First, that there has been a failure to exercise proper care in…