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Burgess v. CG TATE CONSTRUCTION COMPANY

140 S.E.2d 766, 264 N.C. 82, 1965 N.C. LEXIS 1120
CourtSupreme Court of North Carolina
DecidedMarch 17, 1965
Docket295
StatusPublished
Cited by13 cases

This text of 140 S.E.2d 766 (Burgess v. CG TATE CONSTRUCTION COMPANY) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Burgess v. CG TATE CONSTRUCTION COMPANY, 140 S.E.2d 766, 264 N.C. 82, 1965 N.C. LEXIS 1120 (N.C. 1965).

Opinion

Pek Cuei&m.

We have examined the record and considered each of plaintiff’s assignments of error. We find no error which, in our opinion, affected the verdict. “ ‘Verdicts and judgments are not to be set aside for harmless error or for mere error and no more . . .”’ Collins v. Lamb, 215 N.C. 719, 720, 2 S.E. 2d 863, 864. The burden is on appellant to show not only that there was error in the trial but also that there is a reasonable probability that “the result was materially affected thereby to his hurt.”' Garland v. Penegar, 235 N.C. 517, 519, 70 S.E. 2d 486, 488. We find no reason to disturb the result of the trial.

No error.

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Cite This Page — Counsel Stack

Bluebook (online)
140 S.E.2d 766, 264 N.C. 82, 1965 N.C. LEXIS 1120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burgess-v-cg-tate-construction-company-nc-1965.