Opinion

Brown v. Bass

  • 261 N.C. 739
  • 136 S.E.2d 36
  • 1964 N.C. LEXIS 559
Court
Supreme Court of North Carolina
Filed
Apr 29, 1964
Status
Published
Cited by
1 cases
Authority
More cited than 48.6%

The opinion

Per Curiam.

Plaintiff’s assertion of error is based on the contention that the answers given by the jury to the second and third issues *740 are so inconsistent that no judgment could be entered thereon and, because of the inconsistency, the verdict should have been set aside in toto and a new trial ordered.

The argument made for plaintiff has been made on several occasions in the past and rejected. Sasser v. Lumber Company, 165 N.C. 242 , 81 S.E. 320 ; Holton v. Moore, 165 N.C. 549 , 81 S.E. 779 ; Oates v. Herrin, 197 N.C. 171 , 148 S.E. 30 ; McKoy v. Craven, 198 N.C. 780 , 153 S.E. 412 ; Allen v. Yarborough, 201 N.C. 568 , 160 S.E. 833 ; Crane v. Carswell, 203 N.C. 555 , 166 S.E. 746 ; Bullard v. Ross, 205 N.C. 495 , 171 S.E. 789 ; Butler v. Gantt, 220 N.C. 711 , 18 S.E. 2d 119 ; Swann v. Bigelow, 243 N.C. 285 , 90 S.E. 2d 396 . The latest application of the rule will be found in Clodfelter v. Carroll, ante 630.

No error.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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