Pasquotank Hosiery Co. v. Hemphill Co.

195 S.E. 622, 213 N.C. 164, 1938 N.C. LEXIS 34

• Court: Supreme Court of North Carolina
• Decided: March 2, 1938
• Status: Published

Opinion

Stacy, C. J.

The case was tried upon plaintiff’s evidence, which fails to make out either cause of action as alleged in the complaint. Parker v. Fenwick, 138 N. C., 209, 50 S. E., 627, but it would, seem that tbe issues raised by tbe counterclaim should have been submitted to tbe jury. There is no admission in plaintiff’s testimony of liability for tbe needles.

Moreover, it is seldom that a verdict can properly be directed in favor of tbe party upon whom rests tbe burden of proof. Reed v. Madison County, ante, 145.

Tbe plaintiff is entitled to a new trial on tbe issues relating to tbe counterclaim.

Partial new trial.