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MATTHIEU v. PIEDMONT NATURAL GAS COMPANY

No. 705.

152 S.E.2d 336 (1967)

269 N.C. 212

Donald E. MATTHIEU, Plaintiff, v. PIEDMONT NATURAL GAS COMPANY, Original Defendant, and Walter J. Davenport, t/a Davenport Heating and Air Conditioning Company, Additional Defendant. Donald E. MATTHIEU and Evelyn S. Matthieu v. PIEDMONT NATURAL GAS COMPANY, Original Defendant, and Walter J. Davenport, t/a Davenport Heating and Air Conditioning Company, Additional Defendant.

Supreme Court of North Carolina.

January 20, 1967.

Attorney(s) appearing for the Case

Smith, Moore, Smith, Schell & Hunter and Herbert O. Davis, Greensboro, for plaintiff appellants.

McLendon, Brim, Brooks, Pierce & Daniels, Hubert Humphrey and Jerry W. Amos, Greensboro, for defendant Gas Company.

BRANCH, Justice.

The sole question presented for decision is: Did the trial judge err in allowing original defendant's motion for nonsuit? It is stipulated by counsel that the cases be consolidated for the purpose of appeal. The plaintiffs have abandoned all causes of action in their complaint except the action for negligent inspection. In filing its responsive pleadings, the original defendant pled the three-year statute of limitations in bar of plaintiffs' right...

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