Opinion · Supreme Court of North Carolina

Peal Ex Rel. Peal v. Smith

Peal Ex Rel. Peal v. Smith, 340 N.C. 352 (N.C. 1995)

Type
Opinion
Court
Supreme Court of North Carolina
Jurisdiction
North Carolina
Date
1995-06-02
Topic
general

How later courts describe this case

  • "[I]t is well established in North Carolina that the breach of a voluntarily adopted safety rule is some evidence of defendant's negligence."
  • when the votes in an opinion by our Supreme Court are equally divided, “the decision of the Court of Appeals is left undisturbed and stands without precedential value”

Citator

UpLaw has not yet analyzed Peal Ex Rel. Peal v. Smith. The absence of a flag is not a finding that it is good law.

Cited by
13 opinions
PER CURIAM.

Justice Orr recused and took no part in the consideration or decision of this case. The remaining members of the Court are equally divided, with three members voting to affirm and three members voting to reverse the decision of the Court of Appeals. Accordingly, the decision of the Court of Appeals is left undisturbed and stands without precedential value. See Nesbit v. Howard, 333 N.C. 782, 429 S.E.2d 730 (1993).

AFFIRMED.