Olinger v. Horton Camp

Supreme Court of North Carolina

Olinger v. Horton Camp

1 S.E.2d 870, 215 N.C. 340, 1939 N.C. LEXIS 263

CourtSupreme Court of North Carolina

DecidedMarch 22, 1939

StatusPublished

Cited by1 cases

This text of 1 S.E.2d 870 (Olinger v. Horton Camp) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Olinger v. Horton Camp, 1 S.E.2d 870, 215 N.C. 340, 1939 N.C. LEXIS 263 (N.C. 1939).

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Opinion

Stacy, C. J.

Conceding without deciding that the evidence of what transpired in the hospital is not sufficient to carry the case to the jury on the issue of any negligence there committed, it does appear that the evidence of negligence in the subsequent treatment of the case is good as against a demurrer and requires its submission to the jury. Nash v. Royster, 189 N. C., 408, 127 S. E., 356. This is not seriously questioned.

There is error, however, in that portion of the judgment which authorizes the arrest of the defendant. Coble v. Medley, 186 N. C., 479, 119 S. E., 892; Short v. Kaltman, 192 N. C., 154, 134 S. E., 425. This will be stricken out. The allegations, C. S., 673, and findings, C. S., 768, are not sufficient to warrant an execution against the person. Crowder v. Stiers, ante, 123; Little v. Miles, 204 N. C., 646, 169 S. E., 220, and cases there cited." As thus modified, the verdict and judgment will be upheld.

Modified and affirmed.

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Stacy, C. J.

Conceding without deciding that the evidence of what transpired in the hospital is not sufficient to carry the case to the jury on the issue of any negligence there committed, it does appear that the evidence of negligence in the subsequent treatment of the case is good as against a demurrer and requires its submission to the jury. Nash v. Royster, 189 N. C., 408, 127 S. E., 356. This is not seriously questioned.

There is error, however, in that portion of the judgment which authorizes the arrest of the defendant. Coble v. Medley, 186 N. C., 479, 119 S. E., 892; Short v. Kaltman, 192 N. C., 154, 134 S. E., 425. This will be stricken out. The allegations, C. S., 673, and findings, C. S., 768, are not sufficient to warrant an execution against the person. Crowder v. Stiers, ante, 123; Little v. Miles, 204 N. C., 646, 169 S. E., 220, and cases there cited." As thus modified, the verdict and judgment will be upheld.

Modified and affirmed.

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Bluebook (online)

1 S.E.2d 870, 215 N.C. 340, 1939 N.C. LEXIS 263, Counsel Stack Legal Research, https://law.counselstack.com/opinion/olinger-v-horton-camp-nc-1939.

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