Taylor v. . Meadows

119 S.E. 483, 186 N.C. 353, 1923 N.C. LEXIS 249

• Court: Supreme Court of North Carolina
• Decided: October 31, 1923
• Status: Published

Opinion

Clark, 0. J.

Tbe case was elaborately and most ably argued in this Court, extra time being allowed for its consideration. It is tbe fourth time that tbe case has been presented here, and it is stated that it took four days for tbe trial below on tbe last occasion alone. There are numerous exceptions and, by very able briefs in addition to tbe oral argument, every possible contention was presented for our consideration. We do not think, however, that there is any new proposition of law presented whose restatement by the Court would be of service to litigants.

Tbe case having been tried three times before, nearly every question of law and of fact has been heretofore discussed, and the judge seems to have followed carefully the previous rulings of the Court in the matter. Indeed, on this appeal the argument seems to have almost entirely been a debate upon the facts, of which the jury are the proper and appropriate tribunal, and they have for the third time rendered their decision in favor of the plaintiffs. If there were any error of law committed we do not think that it was such as would have affected the verdict.

The jury on this trial had the law fairly and clearly placed before them by the judge in his ruling and in his charge, and every fact bearing upon the case was fully presented and doubtless carefully considered by the jury.

After a full and careful consideration of all the exceptions, upon the whole case, we think that substantial justice has been attained, and in the trial below we find

No error.