Townsend v. Norfolk & Southern Railway Co.

Supreme Court of North Carolina

Townsend v. Norfolk & Southern Railway Co.

249 S.E.2d 801, 296 N.C. 246, 1978 N.C. LEXIS 933

Supreme Court of North Carolina·Decided December 29, 1978·No. 13·Published·Cited by 8 cases

Opinion

PER CURIAM.

Justice David M. Britt, being a member of the panel of the Court of Appeals which decided the case, did not sit in the appeal to this Court. The remaining six justices are equally divided as to whether the trial court erred in denying defendants’ motions for a dircted verdict, for judgment notwithstanding the verdict and for a new trial. Thus, the opinion of the Court of Appeals is affirmed without precedential value in accordance with the usual practice in this situation. See, eg., State v. Johnson, 286 N.C. 331, 210 S.E. 2d 260 (1974) and cases cited therein.

Affirmed.

Justice BRITT did not participate in the consideration or decision of this case.

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PER CURIAM.

Justice David M. Britt, being a member of the panel of the Court of Appeals which decided the case, did not sit in the appeal to this Court. The remaining six justices are equally divided as to whether the trial court erred in denying defendants’ motions for a dircted verdict, for judgment notwithstanding the verdict and for a new trial. Thus, the opinion of the Court of Appeals is affirmed without precedential value in accordance with the usual practice in this situation. See, eg., State v. Johnson, 286 N.C. 331, 210 S.E. 2d 260 (1974) and cases cited therein.

Affirmed.

Justice BRITT did not participate in the consideration or decision of this case.

Townsend v. Norfolk & Southern Railway Co., 249 S.E.2d 801, 296 N.C. 246, 1978 N.C. LEXIS 933 (N.C. 1978).

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