Waynick v. Reardon
Supreme Court of North Carolina
Appeal by plaintiff from Williams, J., September Term, 1951, Ala-MANOB. Civil action to recover damages for alleged injury caused by the negligence of the defendants.
Read the full summary
Appeal by plaintiff from Williams, J., September Term, 1951, Ala-MANOB. Civil action to recover damages for alleged injury caused by the negligence of the defendants. For convenience in narration, the defendant, Marc J. Reardon, will be referred to in the statement of facts and in the opinion as Dr. Reardon, and the term, Duke Hospital, will be used to designate the hospital service of the defendant, Duke University, Inc., and will include within its scope said corporate defendant. On 18 August, 1947, plaintiff, suffering with fallen arches and pain in his feet, entered the orthopedic clinic…
1Opinion of the CourtValeNtine, J.
The decisive question presented by this appeal is whether the evidence suffieeth to take the case to the jury.
Many variations of the rule defining the quantum of proof necessary to carry a case to the jury have been evolved through the years. Davidson v. Telegraph Co., 207 N.C. 790, 178 S.E. 603; Mitchell v. Saunders, 219 N.C. 178, 13 S.E. 2d 242; Stell v. Trust Co., 223 N.C. 550, 27 S.E. 2d 524; Atkins v. Transportation Co., 224 N.C. 688, 32 S.E. 2d 209; Bundy v. Powell, 229 N.C. 707, 51 S.E. 2d 307; Potter v. Supply Co., 230 N.C. 1, 51 S.E. 2d 908; Graham v. Gas Co., 231 N.C. 680, 58 S.E.…
2Cases cited20 opinions
- Bundy v. . PowellSupreme Court of North Carolina · 1949
- Nash v. . RoysterSupreme Court of North Carolina · 1925
- Wall v. . BainSupreme Court of North Carolina · 1942
- Cox v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1898
- Atkins v. . Transportation Co.Supreme Court of North Carolina · 1944
15 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Brown v. MooreCourt of Appeals for the Third Circuit · 1957
- Bost v. RileyCourt of Appeals of North Carolina · 1980
- Little v. MatthewsonCourt of Appeals of North Carolina · 1994
- Brewer v. . Ring and ValkSupreme Court of North Carolina · 1919
- Hawkins v. McCainSupreme Court of North Carolina · 1954
9 more not listed; retrieve them via the Exa API.