Perry v. D. Pender Grocery Co.

198 S.E. 622, 214 N.C. 823, 1938 N.C. LEXIS 424

• Court: Supreme Court of North Carolina
• Decided: September 28, 1938
• Status: Published

Opinion

Pee CubiaM.

Tbe defendant offered no evidence. At tbe close of plaintiff’s evidence tbe defendant made a motion for judgment as in case of nonsuit. C. S., 567. Tbe court below refused tbe motion and in tbis we can see no error. Tbe numerous exceptions and assignments of error made by defendant cannot be sustained, except to tbe charge on tbe fourth issue as to punitive damages. We do not think tbe evidence sufficient to sustain that issue and as to that issue and answer it is stricken from tbe record. We see no prejudicial or reversible error on tbe other issues, and as to them there is no error.

As herein set forth, tbe judgment in tbe court below is

Modified and affirmed.