Smith v. VonCannon

CAMPBELL, Judge.

Agency is a fact to be proved as any other, and where there is no evidence presented tending to establish an agency relationship the alleged principal is entitled to a directed verdict. Lindsey v. Leonard, 235 N.C. 100, 68 S.E. 2d 852 (1952). The directed verdict in favor of defendant Kirk’s Taxi Service, Inc., was therefore proper.

The plaintiffs contend that defendant VonCannon entered their land without permission or consent, that VonCannon is therefore a trespasser, and that he is, as a result of the trespass, strictly liable for all harm caused. Plaintiffs rely on…