Bailey Ex Rel. Bailey v. McKay

Supreme Court of North Carolina
Bailey Ex Rel. Bailey v. McKay, 152 S.E. 893 (N.C. 1930)
198 N.C. 638; 1930 N.C. LEXIS 435
Stacy

Bailey Ex Rel. Bailey v. McKay

Opinion of the Court

Stacy, C. J.,

after stating the case: The testimony of S. C. Lewellyn, the only evidence upon which the plaintiff relies for a reversal of the judgment of nonsuit, falls short of the desired purpose on appeal, because of its indefiniteness and uncertainty. The distance of' the car from the scene of the accident, when the witness saw it and observed its speed, is not stated, nor is it determinable from the record. The plain *640 tiff says, however, that tbe testimony of this witness, with its reasonable inferences and intendments, is sufficient to carry tbe ease to tbe jury under tbe principle announced in Ledbetter v. English, 166 N. C., 125, 81 S. E., 1066, and many other cases, while tbe defendants contend otherwise. We are unable to perceive from tbe record any error in tbe judgment.

Tbe burden is on appellant to show error; it is not presumed. Forester v. Vyne, 196 N. C., 477, 146 S. E., 146; Jones v. Candler, 196 N. C., 382, 145 S. E., 691; In re Ross, 182 N. C., 477, 109 S. E., 365.

Affirmed.

Reference

Full Case Name
Virginia C. Bailey, by Her Next Friend, John C. Bailey, Jr. v. John A. McKay, John A. McKay Manufacturing Company and D. R. McDonald.
Cited By
8 cases
Status
Published