# Murrow v. Daniels

> Court of Appeals of North Carolina · May 5, 1987 · 85 N.C. App. 401

URL: https://www.frixlaw.com/law-library/cases/9576837

## Case

- **Full name:** MARY MURROW v. EDITH E. DANIELS, Executrix of the Estate of WALTER CLEE DANIELS, EDITH E. DANIELS, Individually, and EDITH E. DANIELS, D/B/A HENRY JOHNSON'S MOTOR LODGE & RESTAURANT
- **Court:** Court of Appeals of North Carolina
- **Decided:** May 5, 1987
- **Citations:** 85 N.C. App. 401; 355 S.E.2d 204; 1987 N.C. App. LEXIS 2618
- **Precedential status:** Published
- **Opinion:** Concurrence by Becton
- **Judges:** Phillips, Cozort, Becton
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Reversed on other grounds by Murrow v. Daniels, 321 N.C. 494 (1988).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9576837

## Opinion text

Judge BECTON
dissenting.
In my view, the record does not contain even a scintilla of evidence supporting a finding that plaintiff was contributorily negligent by her failure to look out the bathroom window. To suggest that a sixty-two-year-old woman must go to a bathroom, stand on a bathtub, crank open a window and stick her head out to see who was knocking to overcome a contributory negligence defense is anomalous in view of the jury’s conclusion that plaintiffs act of opening the door and her failure to call the desk clerk was not contributory negligence. I vote to affirm.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9576837. Public record. Not legal advice.