McGaha v. Smoky Mountain Stages, Inc., 27

Decision Date24 February 1965
Docket NumberNo. 27,27
Citation263 N.C. 769,140 S.E.2d 355
CourtNorth Carolina Supreme Court
PartiesBrenda McGAHA v. SMOKY MOUNTAIN STAGES, INC., and Gordon Clark.

Redden, Redden & Redden, by Arthur J. Redden, M. F. Toms, Hendersonville, for plaintiff appellee.

Whitmire & Whitmire, Hendersonville, for defendant appellants.

HIGGINS, Justice.

The defendant by exceptive assignment challenges the sufficiency of the findings of fact to support a recovery. The plaintiff alleged and both she and her husband testified that her injuries as well as his resulted from the collision between the moving bus and their stationary automobile. The plaintiff's pleadings were cast, her evidence was presented and the case was tried on that theory. Judge Sheppard entered, and then removed by crossing out, a finding that the bus and the automobile had collided. The Court found the automobile collided with the rock. But the plaintiff and her husband testified they suffered no injury as a result of the Oldsmobile's having hit the rock. There is no finding whatever left in the record that the bus at any time struck the Oldsmobile. Hence the finding of liability and damages against the defendant is without a factual basis to support it. Negligence, unless a proximate cause of injury is not actionable. Reason v. Singer Sewing Machine Co., 259 N.C. 264, 130 S.E.2d 397.

In this condition of the record the order of the Superior Court affirming the judgment of the General County Court was improvidently entered and is set aside. The Superior Court will remand the cause to the General County Court of Henderson County for a new trial.

Reversed.

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8 cases
  • Clarke v. Holman, 355
    • United States
    • North Carolina Supreme Court
    • October 30, 1968
    ...Negligence, Sec. 1. To be actionable, however, negligence must be the proximate cause of injury to another. McGaha v. Smoky Mountain Stages, Inc., 263 N.C. 769, 140 S.E.2d 355; Reason v. Singer Sewing Machine Co., 259 N.C. 264, 130 S.E.2d 397; Kientz v. Carlton, 245 N.C. 236, 96 S.E.2d 14. ......
  • Bigelow v. Johnson
    • United States
    • North Carolina Supreme Court
    • May 5, 1981
    ...not a proximate cause of the injury. Meyer v. McCarley & Co., Inc., 288 N.C. 62, 215 S.E.2d 583 (1975); McGaha v. Smokey Mountain Stages, Inc., 263 N.C. 769, 140 S.E.2d 355 (1965). Should the jury decide that the collision and resulting injuries were proximately caused by Johnson's negligen......
  • Durand v. Krispy Kreme Doughnuts, Inc.
    • United States
    • North Carolina Court of Appeals
    • June 7, 2011
    ...An act of negligence is not actionable unless it is a proximate cause of the plaintiff's injury. McGaha v. Smoky Mountain Stages, Inc., 263 N.C. 769, 772, 140 S.E.2d 355, 357 (1965) (citation omitted). Defining "proximate cause" our Supreme Court explained that:[p]roximate cause is a cause ......
  • Lassiter v. English
    • United States
    • North Carolina Court of Appeals
    • June 17, 1997
    ...proximate cause. Because negligence is a broad term encompassing breach of duty and proximate cause, McGaha v. Smoky Mountain Stages, Inc., 263 N.C. 769, 772, 140 S.E.2d 355, 357 (1965) (to be actionable negligence has to be the proximate cause of the injury), a motion for directed verdict ......
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