Parnell Ex Rel. Sedberry v. Wilson

114 S.E.2d 114, 252 N.C. 486, 1960 N.C. LEXIS 603

Opinion

Per Ctjeiam.

There was evidence supporting the allegations of joint and concurrent negligence proximately causing plaintiff’s injuries. The weight of the evidence was for the jury. The exceptions of defendant Bull to the exclusion of evidence and the rulings of the court with reference to arguments of counsel are not sustained. If erroneous in any respect, they were not sufficiently prejudicial to warrant a new trial. The charge of the court, when considered contextually, adequately presented the law applicable to the factual situations disclosed by the evidence. The burden is on the defendants to show prejudicial error. Taylor Co. v. Highway Commission, 250 N.C. 533, 539, 109 S.E. 2d 243.

In the trial below we find No error.