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McCotter v. R. R

Supreme Court of North Carolina
Sep 1, 1925
129 S.E. 193 (N.C. 1925)

Opinion

(Filed 30 September, 1925.)

APPEAL by plaintiff from Barnhill, J., at May Term, 1925, of PAMLICO.

Z. V. Rawls for plaintiff.

Moore Dunn for defendant.


Civil action tried upon the following issue:

"Did the defendant negligently fail to furnish car fit and suitable for the transportation of the potatoes shipped by plaintiff as alleged in the complaint? Answer: No."

From a judgment on the verdict in favor of defendant, the plaintiff appeals, assigning errors.


The evidence is conflicting on the main issue of liability; it is solely a question of fact; the jury has determined the matter against the plaintiff; there is no reversible error appearing on the record; the exceptions relating to the exclusion of evidence, and the one to the charge, must be resolved in favor of the validity of the trial; the verdict and judgment will be upheld.

No error.


Summaries of

McCotter v. R. R

Supreme Court of North Carolina
Sep 1, 1925
129 S.E. 193 (N.C. 1925)
Case details for

McCotter v. R. R

Case Details

Full title:D.C. McCOTTER v. NORFOLK SOUTHERN RAILROAD CO

Court:Supreme Court of North Carolina

Date published: Sep 1, 1925

Citations

129 S.E. 193 (N.C. 1925)
129 S.E. 193