Jackson v. Mountain Sanitarium, 235 N.C. 758 (1952)

Feb. 12, 1952 · Supreme Court of North Carolina
235 N.C. 758
JAMES H. JACKSON, Administrator of the Estate of JUDITH LANE JACKSON, Deceased, v. MOUNTAIN SANITARIUM and ASHEVILLE AGRICULTURE SCHOOL, a Corporation; DR. T. H. JOYNER, and EDGAR A. HANSON

JAMES H. JACKSON, Administrator of the Estate of JUDITH LANE JACKSON, Deceased, v. MOUNTAIN SANITARIUM and ASHEVILLE AGRICULTURE SCHOOL, a Corporation; DR. T. H. JOYNER, and EDGAR A. HANSON.

(Filed 12 February, 1952.)

Petition by defendant Dr. T. PL Joyner to rebear this cause, which is reported in 234 N.C. 222, 67 S.E. 2d 57.

Harlcins, Van Winicie, Walton & Bucle for petitioner.

'Winbobne and Eevin, JJ.

There is sufficient evidence in the record to repel the motion to nonsuit, and the error in the charge on the burden of proof supports the order for a new trial. This being true, any inadvertence in the original opinion in applying what petitioner asserts is the prevailing rule in respect to the exceptive assignment of error directed to the exclusion of the autopsy report is insufficient to warrant a reconsideration of defendant’s appeal.

Petition denied.