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HENDERSON v. MATTHEWS

No. 66.

224 S.E.2d 612 (1976)

290 N.C. 87

Marion HENDERSON v. Lucille MATTHEWS. Berthland ROGERS v. Marion HENDERSON and Lucille Matthews. Margie Ruth NEWKIRK v. Marion HENDERSON and Lucille Matthews. Katie Mae Matthews LANIER v. Marion HENDERSON and Lucille Matthews.

Supreme Court of North Carolina.

May 14, 1976.

Attorney(s) appearing for the Case

Crossley & Johnson by Robert White Johnson, Wilmington, for petitioner Henderson.

Johnson & Johnson by Rivers D. Johnson, Jr., Warsau, for respondent Matthews.

E. C. Thompson, III, Warsau, for respondents, Rogers, Newkirk and Lanier.

EXUM, Justice.

We allowed Henderson's petition for further review to consider whether the Court of Appeals erred in ordering new trials of the passengers' claims against defendant Henderson upon an appeal taken only by defendant Matthews. In our opinion it did.

Appellate courts do not generally vindicate the rights of parties aggrieved at trial who could appeal but choose not to do so. Quenby Corp. v. Connor Co., 272 N.C. 208

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