Luttrell ex rel. Butler v. Carolina Mineral Co.

Considering the evidence on this appeal in the light most favorable to plaintiffs, and giving to them the benefit of every rea*789sonable inference therefrom, we find no error in the judgment below— the challenge to the correctness of which constitutes in the main the debate on the appeal.

The question: Is there evidence of actionable negligence sufficient to take the case to the jury?

In an action for recovery of damages for injury resulting from actionable negligence the plaintiff must show: (1) That there has been a failure on the part of defendant to exercise proper care in the performance of…