Crampton v. Ivie Bros.

MONTGOMERY and FURCHES, JJ., dissent from that part of the opinion in which a new trial is granted. This is a petition to rehear the case reported in124 N.C. 591. It was then decided by a bare majority of the Court, and now we find it impossible to come to a unanimous decision, and difficult to come to any decision at all, under the circumstances, and in view of the fact that there is grave doubt in our minds whether (895) the essential principle of proximate cause was properly explained to the jury, we think that substantial justice will be best subserved by granting a new trial.

We may…