Gray v. Duke Power Co.

57 S.E.2d 316, 231 N.C. 423, 1950 N.C. LEXIS 450

Opinion

Stacy, C. J.

A careful perusal of tbe record leaves us with tbe impression that as tbe trial court might well have directed a verdict for tbe respondent, Duke Power Company, on tbe second issue, any errors committed on tbe trial of this issue are perforce harmless.

Nevertheless, an examination of tbe record reveals that no new or novel question of law is presented by any of tbe exceptions, and that they fall well within tbe decided cases on tbe subject. It would only be threshing over old straw to consider them seriatim or in detail. Tbe issue was one of fact determinable alone by tbe jury.

We are constrained to uphold tbe validity of tbe trial on tbe record as presented.

No error.

Ervin, J., took no part in tbe consideration or decision of this case.