CAMBY v. SOUTHERN RY. CO.

No. 7828SC190.

250 S.E.2d 684 (1979)

39 N.C. App. 455

Juanita J. CAMBY, Administratrix of the Estate of Donnie Max Camby v. SOUTHERN RAILWAY COMPANY and Walter Bynum Bodenhamer, Jr. Madelyn S. WRIGHT, Administratrix of the Estate of Sherri Wright Camby v. SOUTHERN RAILWAY COMPANY and Walter Bynum Bodenhamer, Jr.

Court of Appeals of North Carolina.

January 16, 1979.


Attorney(s) appearing for the Case

Floyd D. Brock by Jerry W. Miller, Asheville, for plaintiff-appellant Wright.

Joel B. Stevenson, Asheville, for plaintiff-appellant Camby.

W. T. Joyner, Raleigh, and Bennett, Kelly & Cagle by Harold K. Bennett, Asheville, for defendants-appellees.


HARRY C. MARTIN, Judge.

The rules of law governing motions for summary judgment are fully stated by Justice Moore in Kessing v. Mortgage Corp., 278 N.C. 523, 180 S.E.2d 823 (1971). It would serve no useful purpose to restate them here.

The trial court found facts in its judgment. This practice is not contemplated in summary judgment proceedings. "`The rule does not contemplate that the court will decide an issue of...

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