Supreme Court of North Carolina
139 S.E.2d 718 (1965)
Jeffries (defendant) drove to Terry Enoch’s house to visit Enoch’s father. Jeffries parked his automobile in the yard on an incline and went inside the house. An hour later, Jeffries allowed Enoch’s mother to borrow the car. While Enoch’s mother was still inside the house, Enoch, a six-year-old boy, and four other children jumped into the back seat of the car, waiting to depart. Enoch closed the door and the children heard a clicking sound as the car began to roll backwards. Enoch attempted to jump out of the moving car, but the front wheel ran him over, causing fatal injuries. Warren (plaintiff) brought a wrongful death claim against Jeffries, alleging that Jeffries’ negligence caused Enoch’s death. Finding no evidence of negligence, the trial court granted an involuntary nonsuit in favor of Jeffries.
Rule of Law
Holding and Reasoning (Per Curiam)
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