Supreme Court of North Carolina, 1925

McCotter v. . R. R.

McCotter v. . R. R.
Supreme Court of North Carolina · Decided September 30, 1925 · PER CURIAM.
129 S.E. 193; 190 N.C. 857; 1925 N.C. LEXIS 205 (South Eastern Reporter)

McCotter v. . R. R.

Opinion of the Court

Civil action tried upon the following issue:

"Did the defendant negligently fail to furnish car fit and suitable for the transportation of the potatoes shipped by plaintiff as alleged in the complaint? Answer: No."

From a judgment on the verdict in favor of defendant, the plaintiff appeals, assigning errors. The evidence is conflicting on the main issue of liability; it is solely a question of fact; the jury has determined the matter against the plaintiff; there is no reversible error appearing on the record; the exceptions relating to the exclusion of evidence, and the one to the charge, must be resolved in favor of the validity of the trial; the verdict and judgment will be upheld.

No error. *Page 858

Case-law data current through December 31, 2025. Source: CourtListener bulk data.