O'QUINN v. Southard

This appeal presents the question whether the trial judge erred in overruling defendants’ motions for nonsuit, i. e., whether all the evidence, considered in the light most favorable to plaintiff, is sufficient to establish defendants’ actionable negligence. Hubbard v. Oil Co., 268 N.C. 489, 151 S.E. 2d 71.

Plaintiff offered no evidence as to what ignited the gasoline. Neither Southard, nor plaintiff, nor Messer (the only three persons on the premises) was smoking; no one struck a match; no tool was dropped on the concrete to create a spark. Both plaintiff and Messer insisted most positively…