Butler v. Gantt
Cases that cite this one
5 later published cases cite this decision.
- Rogers v. Sportsworld of Rocky Mount, Inc. (N.C. Ct. App. 1999)
- Selph v. Selph (N.C. 1966)
- Brown v. Bass (N.C. 1964)
- Swann v. Bigelow (N.C. 1955)
- Edwards v. Hood Motor Co. (N.C. 1952)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
There appears to be no material difference in what transpired in the instant ease relative to the verdict and what appeared in the case of Allen v. Yarborough, 201 N. C., 568, 160 S. E., 833, where a new trial was ordered. Here, the jury was instructed to retire and “revise” its verdict. This revised verdict is mentioned three times in the transcript as the “second verdict.”
There was nothing essentially inconsistent in the “first verdict.” Crane v. Carswell, 203 N. C., 555, 166 S. E., 746. Cf. Wood v. Jones, 198 N. C., 356, 151 S. E., 732. And no suggestion came from the jury of any misunderstanding on its part. The decision in Allen v. Yarborough, supra, is controlling.
New trial.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.