Clark v. Lambreth

Tbis is the pivotal question: Considering the evidence shown in the case on appeal contained in the record, in the light most favorable to plaintiff, is there sufficient evidence to take the case to the jury? The trial court did not consider it sufficient and, with his ruling, we agree.

This case is controlled by principles of intervening negligence applied in decisions of this Court in Smith v. Sink, 211 N.C. 725, 192 S.E. 108; Powers v. Sternberg, 213 N.C. 41, 195 S.E. 88; Butner v. Spease, 217 N.C. 82, 6 S.E. 2d 808.

In Smith v. Sink, supra, opinion by Stacy, C. J., it is stated that “In…