Legal Opinion
Kientz v. Carlton
Supreme Court of North Carolina
Decided January 11, 1957No. 97PublishedCited by 43 opinions
1Opinion of the CourtBobbitt, J.
The facts disclosed by the evidence impel the conclusion that the judgments of nonsuit were proper.
To recover damages for actionable negligence, plaintiff must establish (1) a legal duty, (2) a breach thereof, and (3) injury proximately caused by such breach. Ramsbottom v. R. R., 138 N.C. 38, 41, 50 S.E. 448; Petty v. Print Works, 243 N.C. 292, 90 S.E. 2d 717.
Negligence is the basis of plaintiff’s action against each defendant. Even so, the duty owed by each defendant to plaintiff is determined by the relationship subsisting between them. Pinnix v. Toomey, 242 N.C. 358, 87 S.E. 2d 893; Petty…
2Cases cited36 opinions
- Campo v. ScofieldNew York Court of Appeals · 1950
- Hayes v. . Elon CollegeSupreme Court of North Carolina · 1944
- Hayes v. Board of Trustees of Elon CollegeSupreme Court of North Carolina · 1944
- Pinnix v. ToomeySupreme Court of North Carolina · 1955
- Marks v. Cotton Mills.Supreme Court of North Carolina · 1904
31 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Stone v. North Carolina Department of LaborSupreme Court of North Carolina · 1998
- Stein v. Asheville City Board of EducationSupreme Court of North Carolina · 2006
- State v. PerrySupreme Court of North Carolina · 1969
- Myers v. Montgomery Ward & Co.Court of Appeals of Maryland · 1969
- Clark v. RobertsSupreme Court of North Carolina · 1965
38 more not listed; retrieve them via the Exa API.