Peele v. Powell, 161 N.C. 50 (1912)

Dec. 14, 1912 · Supreme Court of North Carolina
161 N.C. 50

C. T. PEELE v. I. G. POWELL, Administratrix.

(Filed 14 December, 1912.)

Evidence — Questions for Jury.

Upon a rehearing of this case it is held that the rules of law heretofore laid down are correct; but upon reconsidering the facts, the majority of the Court hold the evidence sufficient to be submitted to the juiy.

Brown and Allen, JJ., dissenting.

L. L. Smith for plaintiff.

Winston & Matthews for defendant and administrator d. b. n. and defendant.

Clare, O. J.

This is a petition to rehear. There is no division in the Court as to the propositions of law laid down on the former hearing; but upon a fuller consideration of the facts, the majority of the Court are now of opinion that there was sufficient evidence to submit the case to a jury.

Petition allowed.

Bkown and Allen, JJ., dissenting.