Tide Water Power Co. v. Cross
This text of 188 S.E. 859 (Tide Water Power Co. v. Cross) 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
The jury having answered the determinative issues against the defendants, and there being competent evidence to support the verdict, the defendants’ claim for damages as set-off and counterclaim against the note sued on cannot avail.
Appellants excepted to the ruling of the court on the evidence in sustaining objections to numerous questions relating to the third and sixth issues, but in some instances the record does not show what the witnesses would have answered in reply, and hence these assignments of error cannot be considered (Winborne v. Lloyd, 209 N. C., 483; Newbern v. Hinton, 190 N. C., 108); in other instances similar testimony was admitted without objection (Light Co. v. Rogers, 207 N. C., 751; Colvard v. Light Co., 204 N. C., 97).
We find no reversible error in the rulings of the court on the testimony. The case resolved itself into a controversy as to the facts, and the jury’s verdict thereon will not be disturbed.
No error.
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Cite This Page — Counsel Stack
188 S.E. 859, 210 N.C. 844, 1936 N.C. LEXIS 264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tide-water-power-co-v-cross-nc-1936.