Norburn v. MacKie

Per CuRlam.

The Court properly overruled the motions for non-suit. The evidence on the first trial, in support of plaintiffs’ claim, is stated in the opinion reported 262 N.C. 16, 136 S.E. 2d 279. The evidence at the second trial was, in all material respects, the same. The conclusion reached on the first appeal that plaintiffs “are entitled to have their case submitted to a jury” is the law of the case. If appellants thought the prior opinion wrong, their remedy was by petition to rehear, not by appeal from a refusal to nonsuit on a second trial with substantially the same evidence.

Lawrence…