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Burgess v. CG TATE CONSTRUCTION COMPANY

140 S.E.2d 766, 264 N.C. 82, 1965 N.C. LEXIS 1120
Supreme Court of North Carolina·Decided March 17, 1965·No. 295·Published·Cited by 13 cases

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

140 S.E.2d 766 (Burgess v. CG TATE CONSTRUCTION COMPANY) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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