Whitt v. . Rand

Supreme Court of North Carolina
Whitt v. . Rand, 125 S.E. 927 (N.C. 1924)
188 N.C. 834; 1924 N.C. LEXIS 222
PER CURIAM.

Whitt v. . Rand

Opinion of the Court

*835 Pee Cubiam.

This case was before us at a former term, 187 N. C., 805. On the first appeal a new trial was granted for error in the charge.' The question of nonsuit was presented and passed upon at that time. The plaintiff’s evidence being substantially the same as it was on the first hearing, the case was properly submitted to the jury, as the former decision had become the law of the case so far as the question of nonsuit was concerned. Ray v. Veneer Co., ante, 414.

A careful perusal of the record ^leaves us with the impression that the case has been tried substantially in agreement with the principles of law applicable, and we have discovered no ruling or action on the part of the trial court which we apprehend should be held for reversible error.

The verdict and judgment will be upheld.

No error.

Reference

Full Case Name
JOHN WHITT v. R. G. RAND and JOHN WARD, Trading as RAND & WARD CONSTRUCTION CO.
Status
Published