Whichard v. . Lipe

Supreme Court of North Carolina

Whichard v. . Lipe

25 S.E.2d 593, 223 N.C. 856

CourtSupreme Court of North Carolina

DecidedMay 19, 1943

StatusPublished

Cited by2 cases

This text of 25 S.E.2d 593 (Whichard v. . Lipe) 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

Whichard v. . Lipe, 25 S.E.2d 593, 223 N.C. 856 (N.C. 1943).

Pincite

Opinion

The plaintiff brought an action against the defendant to recover damages for the injury and death of her intestate brought about by the alleged negligence of the defendant. In the court below the defendant made a motion for judgment as of nonsuit, which was declined. The plaintiff made a recovery, and the defendant appealed to this Court, where the judgment of the court below declining the nonsuit was reversed and action dismissed.Whichard v. Lipe, 221 N.C. 53, 19 S.E.2d 14. Soon thereafter the plaintiff renewed the action, and again recovered in the court below. The defendant appealed, assigning various errors.

Upon a hearing of the case, the Court was evenly divided in opinion,Schenck, J., not sitting. According to the practice of the Court, the judgment of the court below is affirmed; and the decision thereof does not become a precedent. Elmore v. Amusements, 221 N.C. 535, 19 S.E.2d 5;Outlaw v. Asheville, 215 N.C. 790, 1 S.E.2d 559.

Affirmed. *Page 857

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The plaintiff brought an action against the defendant to recover damages for the injury and death of her intestate brought about by the alleged negligence of the defendant. In the court below the defendant made a motion for judgment as of nonsuit, which was declined. The plaintiff made a recovery, and the defendant appealed to this Court, where the judgment of the court below declining the nonsuit was reversed and action dismissed.Whichard v. Lipe, 221 N.C. 53, 19 S.E.2d 14. Soon thereafter the plaintiff renewed the action, and again recovered in the court below. The defendant appealed, assigning various errors.

Upon a hearing of the case, the Court was evenly divided in opinion,Schenck, J., not sitting. According to the practice of the Court, the judgment of the court below is affirmed; and the decision thereof does not become a precedent. Elmore v. Amusements, 221 N.C. 535, 19 S.E.2d 5;Outlaw v. Asheville, 215 N.C. 790, 1 S.E.2d 559.

Affirmed. *Page 857

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Bluebook (online)

25 S.E.2d 593, 223 N.C. 856, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whichard-v-lipe-nc-1943.

Opinion

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