Mavrolas v. Gregory

Much has been written on the law pertaining to the subject of this action. Hawes v. Refining Co., 236 N.C. 643, 74 S.E. 2d 17; Matheny v. Coach Co., 233 N.C. 673, 65 S.E. 2d 361; Batchelor v. Black, 232 N.C. 314, 59 S.E. 2d 817; and on petition to rehear 232 N.C. 745, 61 S.E. 2d 894; Badders v. Lassiter, 240 N.C. 413, 82 S.E. 2d 357; Jackson v. McCoury, 247 N.C. 502, 101 S.E. 2d 377 and others.

But conceding, as is done for the purpose of this appeal, that the evidence taken in the light most favorable to plaintiff makes out a prima facie case of actionable negligence against the defendants,…