(DOWNLOAD) "Mcmichael v. Proctor" by Supreme Court of North Carolina # eBook PDF Kindle ePub Free
eBook details
- Title: Mcmichael v. Proctor
- Author : Supreme Court of North Carolina
- Release Date : January 03, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
A physician or surgeon who undertakes to render professional services must meet these requirements: (1) He must possess the degree of professional learning, skill and ability which others similarly situated ordinarily possess; (2) he must
Plaintiff assigns as error the entry of the judgment of compulsory nonsuit of its action entered at the close of its evidence.
This case was here at the Spring Term 1965. The first trial ended in a judgment as of nonsuit at the close of plaintiffs evidence. On appeal we reversed, holding the evidence was sufficient to require determination by the jury under appropriate instructions on the issues raised by the pleadings. The pleadings raised the issues of negligence, contributory negligence and damages.
Defendants assignments of error 1 through 4 relate to the exclusion of evidence. These assignments do not comply with Rule 19(3), Rules of Practice in the Supreme Court, in that appellant did not incorporate therein the excluded evidence and thus disclose the alleged error. They will not, therefore, be considered. Pratt v. Bishop, 257 N.C. 486, 126 S.E.2d 597. In our view of this case, however, they are immaterial.
G.S. 113-109(b) provides: Any person who takes or attempts to take deer between sunset and sunrise with the aid of a spotlight or other artificial light on any highway or in any field, woodland, or forest, in violation of this article shall, upon conviction, be fined not less than two hundred fifty dollars ($250.00) or imprisoned for not less than ninety days. The flashing or display of any artificial light from any highway or public or private driveway so that the beam thereof is visible for a distance of as much as fifty feet from such highway or public or private driveway, or such flashing or display of such artificial light at any place off such highway or driveway, when such acts are accompanied by the possession of
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