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Warren v. Pilot Life Insurance

Rena Warren v. Pilot Life Insurance Company.

Warren v. Pilot Life Ins., 13 S.E.2d 609 (N.C. 1941)
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Court
Supreme Court of North Carolina · State Highest Courts
Decided
March 26, 1941
Judges
Devin, Clarkson, Sea
Citations
13 S.E.2d 609219 N.C. 3681941 N.C. LEXIS 328

Opinion of the Court — Per Curiam

Per Curiam.

This is the fourth appeal in this case. Former appeals are reported in 212 N. C., 354 , 193 S. E., 293 ; 215 N. C., 402 , 2 S. E. (2d), 17 ; and 217 N. O., 705, 9 S. E. (2d), 479 , where the material facts are set forth.

The substantive evidence tending to show the circumstances under which deceased met his death offered in the trial below is substantially the same as that appearing in the record on the last appeal. There is no material variance. This evidence, considered in the light most favorable *369 to tbe plaintiff, tends to show that the deceased suffered death as a result of a gunshot wound intentionally inflicted by another. If believed and accepted by the jury, when considered in connection with such evidence as tendered to contradict the same and to impeach the witness, it was such as to require a finding favorable to the defendant. The peremptory instruction given was in accord with the opinion in the former appeal reported in 217 N. C., 705 , 9 S. E. (2d), 479 .

In the judgment below there is No error.

Devin, J., dissents for the reasons stated in former appeal.

Clarkson and Sea well, JJ., concur in dissent.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1957: 11959: 11964: 11971: 11979: 119572026peak 1957 · 1

Relies on it most ⓘ

  1. Fallins v. Durham Life Insurance Co.100 S.E.2d 214 (N.C. 1957)
  2. Slaughter v. STATE CAPITAL LIFE INSURANCE COMPANY108 S.E.2d 438 (N.C. 1959)
  3. Mills v. State Life and Health Insurance Company135 S.E.2d 586 (N.C. 1964)
  4. Moore v. Union Fidelity Life Insurance Co.255 S.E.2d 160 (N.C. 1979)
  5. Bone v. Charlotte Liberty Mutual Insurance Co.179 S.E.2d 171 (N.C. Ct. App. 1971)

Most recent

  1. Moore v. Union Fidelity Life Insurance Co.255 S.E.2d 160 (N.C. 1979)
  2. Bone v. Charlotte Liberty Mutual Insurance Co.179 S.E.2d 171 (N.C. Ct. App. 1971)
  3. Mills v. State Life and Health Insurance Company135 S.E.2d 586 (N.C. 1964)
  4. Slaughter v. STATE CAPITAL LIFE INSURANCE COMPANY108 S.E.2d 438 (N.C. 1959)
  5. Fallins v. Durham Life Insurance Co.100 S.E.2d 214 (N.C. 1957)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Warren v. Pilot Life Ins., 9 S.E.2d 479 (N.C. 1940) 12
Warren v. Pilot Life Ins., 2 S.E.2d 17 (N.C. 1939) 24
Warren v. Pilot Life Ins., 193 S.E. 293 (N.C. 1937) 7

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