Phillips & Buttorff Manufacturing Co. v. Call

192 S.E. 105, 211 N.C. 730, 1937 N.C. LEXIS 194

• Court: Supreme Court of North Carolina
• Decided: June 30, 1937
• Status: Published

Opinion

Pee Cueiam.

In the trial court, the controversy narrowed itself principally to an issue of fact, determinable alone by the jury. There is one exception to tbe admission of evidence and another to the charge, which may be subject to some slight criticism, but upon the entire record it is apparent that these matters were not prejudicial in the trial of the cause, as the jury evidently rejected the plaintiff’s version of the matter — -the accuracy and trustworthiness of its records being sharply questioned- — -and answered the issue of indebtedness in favor of the defendant. On the whole, it is concluded that no reversible error has been made to appear. Rogers v. Freeman, ante, 468. The burden is upon appellant to show error; it will not be presumed. Cole v. R. R., ante, 591.

Affirmed.