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MCEACHERN v. MILLER

No. 698SC148.

169 S.E.2d 253 (1969)

6 N.C. App. 42

Neva McEACHERN, Administratrix of Estate of Oscar McEachern v. Dr. W. H. MILLER, Jasper Jones and Wayne County Memorial Hospital.

Court of Appeals of North Carolina.

Certiorari Denied November 18, 1969.

Attorney(s) appearing for the Case

Samuel S. Mitchell, Raleigh, and Earl Whitted, Goldsboro, for plaintiff appellant.

Smith, Leach, Anderson & Dorsett, by John H. Anderson, Raleigh, for Dr. W. H. Miller, defendant appellee.

Dupree, Weaver, Horton, Cockman & Alvis, by Jerry S. Alvis, Raleigh, for Wayne County Memorial Hospital, defendant appellee.

FRANK M. PARKER, Judge.

Appellant's brief concedes there was no error in the judgment of nonsuit as to the defendant hospital, since the rule of charitable immunity was overruled in North Carolina only as to causes of action arising after 20 January 1967, the date of filing the opinion in Rabon v. Rowan Memorial Hospital, 269 N.C. 1, 152 S.E.2d 485, and the cause of action in the present case arose...

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