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WALSTON v. GREENE

No. 23.

102 S.E.2d 124 (1958)

247 N.C. 693

Joe Willie WALSTON, Administrator of the Estate of Allen Leon Walston, Deceased, v. Richard GREENE and J. C. Spence, Guardian ad litem.

Supreme Court of North Carolina.

February 26, 1958.

Attorney(s) appearing for the Case

Frank B. Aycock, Jr., and Forrest V. Dunstan, Elizabeth City, for plaintiff, appellant.

LeRoy & Goodwin, Elizabeth City, for defendant, appellee.

PARKER, Justice.

This is the second appeal of this case to the Supreme Court. At a trial of this case during the February Term 1957 of Pasquotank Superior Court the jury found that the death of plaintiff's intestate was not caused by the actionable negligence of defendant. Upon motion of plaintiff, the trial judge, in his discretion, set the verdict aside. Defendant's appeal was dismissed by this Court, 246 N.C. 617,

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