Lynn v. Clark

The plaintiff’s first assignment of error is to the allowance of the motion of the defendant Mildred M. Clark for judgment as of nonsuit at the close of plaintiff’s evidence.

In considering this assignment of error, we think it must be determined whether or not the allegations of the complaint, together with the evidence offered in support thereof, are sufficient to take the case to the jury without invoking the provisions of G.S. 20-71.1.

The complaint does not allege that Charles Clark was the agent, servant, or employee of the owner of the car involved in the fatal accident, unless it does…