Supreme Court of North Carolina, 1931

Poindexter v. Norfolk Southern Railway Co.

Poindexter v. Norfolk Southern Railway Co.
Supreme Court of North Carolina · Decided October 28, 1931 · PER CURIAM.
160 S.E. 923; 201 N.C. 833; 1931 N.C. LEXIS 131 (South Eastern Reporter)

Poindexter v. Norfolk Southern Railway Co.

Opinion of the Court

Pee Cubiam.

Tbe plaintiff on bis appeal to this Court has failed to overcome tbe presumption against error. Tbe testimony of bis witnesses falls short of tbe desired result on appeal, because of its indefiniteness and uncertainty as to tbe origin of tbe fire.

Tbe burden is on appellant to show error. It is not presumed. Jackson v. Bell, ante, 336; Bailey v. McKay, 198 N. C., 638, 152 S. E., 893.

Affirmed.

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