Fleming v. . Davenport

21 S.E. 188, 116 N.C. 153

Opinion

Furohes, J.:

This case is controlled by Ballard v. Johnson, 114 N. C., 141, and is so fully discussed there, we see no reason for discussing it in this case.

The defendant was entitled to bis second prayer for instructions to the jury.

The court declined to give these instructions, and this entitles the defendant to a new trial. And, as this substantially disposes of the matters controverted, we do not consider the other questions presented by the appeal. There is error.

N ew Trial.