{
  "id": 8549195,
  "name": "LOUISE SMITH THOMPSON, Administratrix of the Estate of ABRAHAM L. CLAPP v. JIMMIE MILLER COBLE and J. HAROLD COBLE",
  "name_abbreviation": "Thompson v. Coble",
  "decision_date": "1972-06-28",
  "docket_number": "No. 7218SC425",
  "first_page": "231",
  "last_page": "232",
  "citations": [
    {
      "type": "official",
      "cite": "15 N.C. App. 231"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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  "last_updated": "2023-07-14T17:26:51.335715+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Chief Judge Mallard and Judge Campbell concur."
    ],
    "parties": [
      "LOUISE SMITH THOMPSON, Administratrix of the Estate of ABRAHAM L. CLAPP v. JIMMIE MILLER COBLE and J. HAROLD COBLE"
    ],
    "opinions": [
      {
        "text": "BROCK, Judge.\nPlaintiff strenuously argues that the evidence is sufficient to make out a prima facie case of defendants\u2019 negligence and to require submission of the case to the jury. We have carefully studied the evidence offered and cannot agree. The jury would have to engage in pure speculation of how deceased was injured. The evidence presents a sad and unfortunate situation, but it fails to show actionable negligence on the part of defendants.\nAffirmed.\nChief Judge Mallard and Judge Campbell concur.",
        "type": "majority",
        "author": "BROCK, Judge."
      }
    ],
    "attorneys": [
      "Wade C. Euliss for plaintiff.",
      "Smith, Moore, Smith, Schell & Hunter, by Bynum M. Hunter, for defendants."
    ],
    "corrections": "",
    "head_matter": "LOUISE SMITH THOMPSON, Administratrix of the Estate of ABRAHAM L. CLAPP v. JIMMIE MILLER COBLE and J. HAROLD COBLE\nNo. 7218SC425\n(Filed 28 June 1972)\nAutomobiles \u00a7 62\u2014 death of pedestrian \u2014 negligence of motorist \u2014 insufficiency of evidence\nPlaintiff\u2019s evidence was insufficient to be submitted to the jury on the issue of defendant\u2019s negligence in an action to recover for the alleged wrongful death of a pedestrian who was struck by defendant\u2019s automobile.\nAppeal by plaintiff from Exum, Judge, 17 January 1972 Session of Superior Court held in Guilford County.\nPlaintiff instituted this action to recover damages for the alleged wrongful death of Abraham L. Clapp by the negligence of Jimmie Miller Coble in the operation of her husband\u2019s automobile.\nPlaintiff\u2019s evidence tends to show that on 28 October 1969, at about 7:00 p.m., Jimmie Miller Coble was driving her husband\u2019s automobile in an easterly direction along rural paved road 3111 in Guilford County. The road was straight and unobstructed; it was 18 feet wide with shoulders approximately 6 feet wide. The road surface was coarse asphalt of a \u201cblackish color.\u201d\nMrs. Coble was driving about 30 miles per hour in the center of the lane for eastbound traffic. She had her headlights on bright and was watching straight ahead. She did not see anything in the road, but she heard a noise of something on the car and knew that she had hit something. She immediately stopped to see what she had hit. Mrs. Coble\u2019s husband was following along behind her in his pickup truck and, when he came to where she had stopped, he stopped also. They were unable to find anything in the road or on the shoulder. Mr. Coble went to a nearby house, borrowed a flashlight, and returned to search the area more carefully. Deceased was then found in the southern roadside ditch, lying on his stomach with his head to the west and his feet to the east. Deceased was dressed in dark blue denim work clothes. The heel from a shoe was lying on the shoulder of the road about four or five feet from a \u201clittle dug out place\u201d in the grass. One heel from deceased\u2019s shoes was missing. He died, without talking to anyone, shortly after being removed to the hospital.\nAt the close of plaintiff\u2019s evidence, defendants\u2019 motion for a directed verdict for defendants was allowed and plaintiff appealed.\nWade C. Euliss for plaintiff.\nSmith, Moore, Smith, Schell & Hunter, by Bynum M. Hunter, for defendants."
  },
  "file_name": "0231-01",
  "first_page_order": 255,
  "last_page_order": 256
}