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HOLSTEIN v. ETNA OIL CO.

No. 7712DC427.

243 S.E.2d 397 (1978)

Sandra HOLSTEIN, by her next friend, Paul G. Mallonee v. ETNA OIL COMPANY.

Court of Appeals of North Carolina.

May 2, 1978.

Attorney(s) appearing for the Case

A. Maxwell Ruppe, Fayetteville, for plaintiff-appellant.

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

MORRIS, Judge.

After the verdict of the jury, plaintiff, in apt time, requested that the jury be polled. During the polling of the jury, the following occurred, with respect to Juror No. 2:

"CLERK: ... you have answered the first issue no. Is this your answer and do you still assent thereto? JUROR NO. 2: Well, it was not proven beyond a reasonable doubt. If you're saying that, then I would have to say...

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