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Gillispie v. Goodyear Service Stores

Supreme Court of North Carolina
128 S.E.2d 762 (N.C. 1963)


Facts

Gillispie (plaintiff) brought suit against Goodyear Service Stores (Goodyear) (defendant), alleging the following in the complaint: “the defendants...maliciously came upon and trespassed upon the premises occupied by the plaintiff as a residence, and by the use of harsh and threatening language and physical force directed against the plaintiff assaulted the plaintiff and placed her in great fear, and humiliated and embarrassed her by subjecting her to public scorn and ridicule, and caused her to be seized and exhibited to the public as a prisoner....” The trial court sustained Goodyear’s demurrers to the complaint on the grounds that Gillispie’s complaint did not state facts sufficient to constitute a cause of action. Gillispie appealed.

Rule of Law

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Issue

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Holding and Reasoning (Bobbit, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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