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Perry v. Gibson

Supreme Court of North Carolina
Oct 1, 1958
105 S.E.2d 277 (N.C. 1958)

Opinion

Filed 29 October, 1958.

APPEAL by plaintiff from Clark, J., February Civil Term 1958 of FRANKLIN.

Taylor Mitchell for plaintiff.

Charles P. Green, Alton T. Cummings for defendant.


This is a civil action to recover damages from the defendant for the alleged wrongful death of plaintiff's intestate.

The defendant, a police officer of the Town of Franklinton, North Carolina, and constable for Franklinton township, shot and killed plaintiff's intestate under the circumstances set out in a former appeal in this case and reported in 247 N.C. 212, 100 S.E.2d 341, where a new trial was granted.

In the trial below the case was again submitted to the jury on the following issues: 1. Did the defendant wrongfully and unlawfully assault and kill the plaintiff's intestate, James K. Perry, as alleged in the complaint? 2. If so, what amount of damages, if any, is plaintiff entitled to recover of the defendant?

The jury answered the first issue "No." The plaintiff appeals, assigning error.


All of plaintiff's assignments of error are directed either to the charge of the court as given or to the alleged failure of the court to charge on pertinent aspects of the case. However, a careful examination of these assignments of error leads us to the conclusion that no sufficient prejudicial error has been shown to justify another trial. Two juries have accepted the defendant's version of the facts and rendered verdicts on the crucial issue in his favor.

In the trial below we find

No Error.

PARKER, J., not sitting.


Summaries of

Perry v. Gibson

Supreme Court of North Carolina
Oct 1, 1958
105 S.E.2d 277 (N.C. 1958)
Case details for

Perry v. Gibson

Case Details

Full title:SHERWOOD PERRY, ADMINISTRATOR OF THE ESTATE OF JAMES K. PERRY, DECEASED v…

Court:Supreme Court of North Carolina

Date published: Oct 1, 1958

Citations

105 S.E.2d 277 (N.C. 1958)
249 N.C. 134

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