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POTEAT v. SOUTHERN RY. CO.

No. 7618SC860.

234 S.E.2d 447 (1977)

33 N.C. App. 220

Earnest D. POTEAT, Administrator of the Estates of Robert C. Poteat, Deceased, and Janice M. Poteat, Deceased v. SOUTHERN RAILWAY CO. et al.

Court of Appeals of North Carolina.

May 4, 1977.

Attorney(s) appearing for the Case

Turner, Enochs, Foster & Burnley by James H. Burnley, IV, Greensboro, for plaintiff appellant.

Griffin, Post, Deaton & Horsley by Hugh P. Griffin, Jr., Peter M. McHugh, and William F. Horsley, Reidsville, for defendant appellees.

HEDRICK, Judge.

G.S. 1-83 in pertinent part provides

"The court may change the place of trial in the following cases: (1) When the county designated for that purpose is not the proper one. (2) When the convenience of witnesses and the ends of justice would be promoted by the change."

The plaintiff in the present case designated Guilford County as the place of trial. In his order changing the place of trial, Judge McConnell declared...

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