BURNS v. GARDNER

No. 245.

94 S.E.2d 591 (1956)

244 N.C. 602

Mrs. Margaret T. BURNS, Administratrix of the Estate of Beverly J. Burns, Deceased, v. A. H. GARDNER and wife, Leila S. Gardner.

Supreme Court of North Carolina.

October 10, 1956.


Attorney(s) appearing for the Case

Guy T. Carswell and George J. Miller, Charlotte, for plaintiff, appellant.

Charles W. Bundy, Charlotte, for defendants, appellees.


PER CURIAM.

When the cause was here on former appeal, three members of the Court were of opinion that plaintiff's allegations, liberally construed, sufficiently alleged negligence to justify the overruling of the demurrer. Upon consideration of plaintiff's evidence, we are unanimously of the opinion that such evidence, taken in the light most favorable to plaintiff, is insufficient to warrant submission to the jury of an issue as to actionable negligence of defendants...

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