Fleming v. Twiggs

The defendant made timely motions for judgment of nonsuit and assigned as error the refusal of the court to allow them. The motions raised two questions: First, was the evidence sufficient to go to the jury on the issue of negligence? And, second, if so, did the evidence show that Jessie Fleming was guilty of contributory negligence as a matter of law?

“Negligence is not to be presumed from the mere fact that an accident has occurred.” Merrell v. Kindley, 244 N.C. 118, 95 S.E. 2d 671. “It is appropriate to say that no inference of negligence arises from the mere fact of an accident or injury.”…