Gray v. Duke Power Co.
This text of 57 S.E.2d 316 (Gray v. Duke Power Co.) 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.
Opinion
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.
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Cite This Page — Counsel Stack
57 S.E.2d 316, 231 N.C. 423, 1950 N.C. LEXIS 450, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gray-v-duke-power-co-nc-1950.