Rhodes v. American Upholstery Co.
This text of 150 S.E. 193 (Rhodes v. American Upholstery Co.) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
If there is error in the trial of this action in the court below, we think it harmless. From the evidence appearing in the record, we do not think it sufficient to have been submitted to the jury to sustain a recovery for actionable negligence.
If error should be found and a new trial granted, it would not profit plaintiff. If a new trial was awarded no different result could follow. The entire testimony relevant to the issues was. before the court. Erom this evidence it is apparent that in no aspect of it could plaintiff recover. In such eases our decisions are to the effect that a new trial will not be granted. Bateman v. Lumber Co., 154 N. C., 248; Booth v. Hairston, 193 N. C., 278. For the reasons given, there is
No error.
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Cite This Page — Counsel Stack
150 S.E. 193, 197 N.C. 673, 1929 N.C. LEXIS 331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rhodes-v-american-upholstery-co-nc-1929.