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ANALYTICAL INDEX
NEGLIGENCE - Continued
§ 29. Sufficiency of Evidence
Evidence of the original defendants was insufficient to support their
claim that the third party defendant was guilty of joint and concurring
negligence in improperly installing the furnace system in a house so that
it vibrated and caused damage to the house. Lindstrom v. Chesnutt, 15.
5 36. Nonsuit for Intervening Negligence
Automobile driver's negligence in causing a collision with another
automobile was not a proximate cause of injuries suffered by plaintiff
when he was struck by a third vehicle while directing traffic at the
scene of the collision. McNair v. Boyette, 69.
37. Instructions on Negligence
Trial court properly instructed the jury that the N. C. Residential
Building Code does not give building inspectors discretion to permit alterna-tive
materials or methods of construction where the Code is specific as to
the materials or type of construction required. Lindstrom v. Chesnutt, 15.
57. Sufficiency of Evidence and Nonsuit in Actions by Invitees
Operator of a warehouse breached no duty it owed to the driver of a
truck delivering merchandise to the warehouse when a wooden pallet the
driver was using to gain access to the loading dock fell from under him,
and the truck driver was contributorily negligent in failing to use the
steps provided by the warehouse operator and in failing to determine
whether he could safely use the pallet. Keith v. Reddick, Ino., 94.
Court's instructions were proper in action to recover damages for
alleged assault on plaintiff by an employee of a rest home. Sale v. James,
238.
PARTIES
§ 2. Parties Plaintiff
Defendant could not assert on appeal that plaintiff had no right to
bring action because it is not the real party in interest. Piggly Wiggly V.
Sales Co., 411.
PARTNERSHIP
§ 8. Death of Partner
Trial court properly determined that surviving partners were person-ally
liable to the estate of the deceased partner for payments required by
the partnership agreement without the partnership assets first having
been exhausted. Langdon v. Hurdle, 158.
PERJURY
§ 2. Subornation of Perjury
Subornation of perjury consists of the commission of perjury by
person suborned and the suborner wilfully procuring or inducing him to
do so. S. v. McBm'ds, 742.
Object Description
| Title | North Carolina Court of Appeals Reports [v.015, Spring Session 1972] |
| Creator | North Carolina. Court of Appeals. |
| Date | 1973 |
| Subjects | Law reports, digests, etc.--North Carolina; Court records--North Carolina |
| Place | North Carolina, United States |
| Description | Volume 15, Spring Session 1972. Cited as 15 N.C.App. The North Carolina Court of Appeals Reports are the official report of opinions of the North Carolina Court of Appeals. Includes cases and other information about the courts of North Carolina. |
| Publisher | Court of Appeals of North Carolina |
| Agency-Current | North Carolina Court of Appeals, Judicial Department |
| Rights | State Document see http://digital.ncdcr.gov/u?/p249901coll22,63754 |
| Collection | North Carolina State Documents Collection. State Library of North Carolina |
| Type | Text |
| Language | English |
| Format | Reports; Legal documents |
| Digital Characteristics-A | 36 MB; 842 p. |
| Serial Title | North Carolina Court of Appeals Reports |
| Digital Collection | North Carolina Digital State Documents Collection |
| Digital Format | application/pdf |
| Pres File Name-M | pubs_serial_courtofappealsreports_vol_015.pdf |
| Pres Local File Path-M | \Preservation_content\StatePubs\pubs_law\images_master\ |
| OCLC Number-Original | 1681248 |
Description
| Title | Page 815 |
| Full Text | ANALYTICAL INDEX NEGLIGENCE - Continued § 29. Sufficiency of Evidence Evidence of the original defendants was insufficient to support their claim that the third party defendant was guilty of joint and concurring negligence in improperly installing the furnace system in a house so that it vibrated and caused damage to the house. Lindstrom v. Chesnutt, 15. 5 36. Nonsuit for Intervening Negligence Automobile driver's negligence in causing a collision with another automobile was not a proximate cause of injuries suffered by plaintiff when he was struck by a third vehicle while directing traffic at the scene of the collision. McNair v. Boyette, 69. 37. Instructions on Negligence Trial court properly instructed the jury that the N. C. Residential Building Code does not give building inspectors discretion to permit alterna-tive materials or methods of construction where the Code is specific as to the materials or type of construction required. Lindstrom v. Chesnutt, 15. 57. Sufficiency of Evidence and Nonsuit in Actions by Invitees Operator of a warehouse breached no duty it owed to the driver of a truck delivering merchandise to the warehouse when a wooden pallet the driver was using to gain access to the loading dock fell from under him, and the truck driver was contributorily negligent in failing to use the steps provided by the warehouse operator and in failing to determine whether he could safely use the pallet. Keith v. Reddick, Ino., 94. Court's instructions were proper in action to recover damages for alleged assault on plaintiff by an employee of a rest home. Sale v. James, 238. PARTIES § 2. Parties Plaintiff Defendant could not assert on appeal that plaintiff had no right to bring action because it is not the real party in interest. Piggly Wiggly V. Sales Co., 411. PARTNERSHIP § 8. Death of Partner Trial court properly determined that surviving partners were person-ally liable to the estate of the deceased partner for payments required by the partnership agreement without the partnership assets first having been exhausted. Langdon v. Hurdle, 158. PERJURY § 2. Subornation of Perjury Subornation of perjury consists of the commission of perjury by person suborned and the suborner wilfully procuring or inducing him to do so. S. v. McBm'ds, 742. |
