Mercer v. . Williams

In view of the trial theory of the case, which is controlling on appeal (In re Parker, 209 N. C., 693, 184 S. E., 532), it is not perceived, upon the allegations presently appearing, how the defendants can be held liable for plaintiff’s intestate’s death, unfortunate and distressing as it was. The allegation of negligent failure to repair the demised premises, in breach of a covenant to do so, is not made out. Improvement Co. v. Coley-Bardin, 156 N. C., 255, 72 S. E., 312. Nor is it established by the evidence that the defendants negligently omitted to give notice of known or latent defects.…