NORFOLK SOUTHERN RAILWAY COMPANY v. HORTON

No. 683SC367.

165 S.E.2d 6 (1969)

3 N.C. App. 383

NORFOLK SOUTHERN RAILWAY COMPANY and Martin-Marietta Corporation v. Marvin V. HORTON. NORFOLK SOUTHERN RAILWAY COMPANY and Martin-Marietta Corporation v. J. I. OAKLEY.

Court of Appeals of North Carolina.

January 15, 1969.


Attorney(s) appearing for the Case

James, Speight, Watson & Brewer, by W. H. Watson, Greenville, for Norfolk S. Ry. Co., appellant.

Joyner & Howison, by W. T. Joyner, Jr., Raleigh, for Martin-Marietta Corp., appellant.

H. Horton Rountree, Kenneth G. Hite, Sam O. Worthington, Greenville, E. Burt Aycock, Jr., and Marvin V. Horton, Tarboro, for appellees.


BROCK, Judge.

Plaintiffs assign as error the signing and entry of the judgments of nonsuit in the two cases.

Plaintiffs succinctly state their contention to be that the stipulation entered into at the 23 October 1967 Session provides that "the rulings and judgment rendered" in the two cases tried at that session would be binding on the parties in the other three cases only to the extent that those rulings were applicable to the facts of the other...

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