McCotter v. . R. R.

129 S.E. 193, 190 N.C. 857, 1925 N.C. LEXIS 205
CourtSupreme Court of North Carolina
DecidedSeptember 30, 1925
StatusPublished

This text of 129 S.E. 193 (McCotter v. . R. R.) 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.

Bluebook
McCotter v. . R. R., 129 S.E. 193, 190 N.C. 857, 1925 N.C. LEXIS 205 (N.C. 1925).

Opinion

Civil action tried upon the following issue:

"Did the defendant negligently fail to furnish car fit and suitable for the transportation of the potatoes shipped by plaintiff as alleged in the complaint? Answer: No."

From a judgment on the verdict in favor of defendant, the plaintiff appeals, assigning errors. The evidence is conflicting on the main issue of liability; it is solely a question of fact; the jury has determined the matter against the plaintiff; there is no reversible error appearing on the record; the exceptions relating to the exclusion of evidence, and the one to the charge, must be resolved in favor of the validity of the trial; the verdict and judgment will be upheld.

No error. *Page 858

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Bluebook (online)
129 S.E. 193, 190 N.C. 857, 1925 N.C. LEXIS 205, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccotter-v-r-r-nc-1925.