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LANE v. DORNEY

No. 593.

113 S.E.2d 33 (1960)

252 N.C. 90

Hazel M. LANE v. Jessie L. DORNEY, Executrix of the Estate of Herbert G. Dorney, Deceased. V. Wilton LANE, Administrator of the Estate of Herbert S. Lane, Deceased, v. Jessie L. DORNEY, Executrix of the Estate of Herbert G. Dorney, Deceased.

Supreme Court of North Carolina.

March 2, 1960.

Attorney(s) appearing for the Case

McLendon, Brim, Holderness & Brooks by L. P. McLendon, Jr., C. T. Leonard, Jr., Greensboro, for plaintiffs, appellants.

Jordan, Wright, Henson & Nichols, William D. Caffrey, and Wharton & Wharton, Greensboro, for defendant, respondent.

HIGGINS, Justice.

Pursuant to the petition and order entered by the two Justices to whom it was referred, the cases were reheard by the full Court. The parties filed new briefs and made extended oral arguments. The petition presents the questions whether the Court, in the original decision, committed errors of law in sustaining the judgment of nonsuit (1) by refusing to apply the rule res ipsa loquitur, and (2) by overlooking "the physical facts and direct...

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