Corum v. R. J. Reynolds Tobacco Co.

The appellant noted a number of exceptions during the trial but the basal controversy relates to the motion for nonsuit, the defendant contending that the record contains no adequate evidence of negligence which is actionable. We have repeatedly held, in accord with the general principle, that the fact of personal injury is not regarded as proof either of negligence or of proximate cause, and that a mere conjecture will not support an action for damages. Grimes v. Coach Co., 203 N. C., 605; Rountree v. Fountain, ibid., 381. The plaintiff, however, is not required to make out his ease by…