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208 N.C. 834

Malphurs v. Ellington

Supreme Court of North Carolina

Decided September 18, 1935

Supreme Court of North Carolina · decided 1935-09-18

Decided 1935-09-18

Pee CueiaM.

¶1Tbe jury's answer to tbe second issue bars recovery on tbe part of tbe plaintiff. Rimmer v. R. R., ante, 198; Moore v. Iron Works, 183 N. C., 438, 111 S. E., 776. Tbe case on trial narrowed itself largely to controverted issues of fact. Botb were found to be negligent. No reversible error bas been made to appear. While some of tbe illustrations used by tbe judge in bis charge seem a little inapposite, still tbey appear to be without material significance. They could hardly have affected tbe result. S. v. Marshall, ante, 127.

¶2In tbe absence of a clearer showing, tbe verdict and judgment must be upheld. It is so ordered.

¶3No error.

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