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.