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JENKINS v. HELGREN

No. 7516SC122.

217 S.E.2d 120 (1975)

26 N.C. App. 653

C. Rees JENKINS and Mrs. Betty M. Jenkins, Original Plaintiffs, Great American Insurance Company, Additional Party Plaintiff, v. Eugene Knox HELGREN et al., Defendants and Third-Party Plaintiffs, v. BENJAMIN FOSTER COMPANY, Third-Party Defendant.

Court of Appeals of North Carolina.

August 6, 1975.

Attorney(s) appearing for the Case

McLean, Stacy, Henry & McLean by Dickson McLean, Jr., Lumberton, for original plaintiffs-appellees.

Teague, Johnson, Patterson, Dilthey & Clay by Grady S. Patterson, Jr., Raleigh, for additional party plaintiff-appellee.

Quillin, Russ & Worth by D. P. Russ, Jr., Fayetteville, for original defendants and third-party plaintiffs-appellants.

Anderson, Nimocks & Broadfoot by Hal W. Broadfoot, Fayetteville, for third-party defendant-appellee.

PARKER, Judge.

Appellants contend that their motions for a directed verdict as to plaintiffs' claim against them should have been allowed because the evidence did not show the source of the spark which ignited the fumes. The evidence suggested, but fell short of clearly establishing, a number of possible sources. For example, the furnace with which the air return duct was connected was a gas fired furnace which had a pilot light of the type which stayed on continually...

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