Opinion
(Filed 13 May, 1909.)
ACTION tried before Ferguson, J., and a jury, at September Term, 1908, of McDOWELL.
Hudgins, Watson Johnston for plaintiff.
Pless Winborne and E. J. Justice for defendant.
Defendant appealed.
The Court is of opinion, on examination of the record in this appeal, that there is evidence of negligence to be submitted to the jury, and that the case was fairly presented by the judge in the court below.
We find nothing in the record which warrants a new trial.
No error.
(792)