Poindexter v. Norfolk Southern Railway Co.

160 S.E. 923, 201 N.C. 833, 1931 N.C. LEXIS 131

• Court: Supreme Court of North Carolina
• Decided: October 28, 1931
• Status: Published

Opinion

Pee Cubiam.

Tbe plaintiff on bis appeal to this Court has failed to overcome tbe presumption against error. Tbe testimony of bis witnesses falls short of tbe desired result on appeal, because of its indefiniteness and uncertainty as to tbe origin of tbe fire.

Tbe burden is on appellant to show error. It is not presumed. Jackson v. Bell, ante, 336; Bailey v. McKay, 198 N. C., 638, 152 S. E., 893.

Affirmed.