Supreme Court of North Carolina January 20, 1967, 624 (Lentz v. Thompson)

HiggiNS, J.

In passing on the sufficiency of the evidence to go to the jury, we must assume that Dr. Thompson severed the plaintiff’s spinal accessory nerve during the operation for the removal of the malignant glands. The evidence permits that finding. Some

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thing more is necessary,, however, to establish the defendant’s civil liability.