Curtis v. Southern Railway Co.

66 S.E. 599, 151 N.C. 523, 1909 N.C. LEXIS 313

Opinion

Per Curiam: :

1. In respect to tlie issue of negligence, the matter in controversy is one of fact purely, with, the burden upon the defendants to show that they discharged their duty to the passenger, and we find no error committed on the trial of it.

2. In respect to the assignment of error in the charge of the judge upon the issue of damage, we are of ojiinion that it is unnecessary to |>ass upon or discuss it. The evidence in regard to the net earnings of the deceased, and his age and condition in life, business, etc., is uncontradicted, and we think that it fully warrants the sum awarded by the jury, even if it be gauged with reference to the theory contended for by defendant.

No error.

The Chief Justice did not sit on the hearing of this case.