Mitchell v. . Saunders

BARNHILL and WINBORNE, JJ., join in concurring opinion. This cause comes here upon an appeal of the defendants, John T. Saunders and Julian A. Moore, from a judgment of Nettles, J., rendered in the Superior Court of Buncombe County, affirming the judgment of the general county court of Buncombe County, where recovery had been made against the defendants for injuries which the plaintiff alleges she sustained through the negligence of the defendants in leaving a gauze sponge deeply buried in the side of her leg or hip, about one-half inch from the thigh bone, where it had been placed during an…