Legal Opinion

Olinger v. Horton Camp

Supreme Court of North Carolina

Decided March 22, 1939PublishedCited by 1 opinion

1Opinion of the CourtStacy, 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.,…

2Cases cited4 opinions

  1. Nash v. . RoysterSupreme Court of North Carolina · 1925
  2. Coble v. . MedleySupreme Court of North Carolina · 1923
  3. Short v. . KaltmanSupreme Court of North Carolina · 1926
  4. Little v. . MilesSupreme Court of North Carolina · 1933

3Cited by1 opinion

  1. Jackson v. Mountain Sanitarium & Asheville Agr. Sch.Supreme Court of North Carolina · 1951

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