Hall v. Atkinson
Cases that cite this one
5 later published cases cite this decision.
- Smith v. Simpson (N.C. 1963)
- State v. Hyder (N.C. Ct. App. 1990)
- State v. Jarrett (N.C. 1967)
- Glace v. Town of Pilot Mountain (N.C. 1965)
- Wilson v. Lowe's Asheboro Hardware, Inc. (N.C. 1963)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Plaintiff assigns as error that James D. Redding, a witness for her, was permitted by the court over her objection to answer on cross-examination the question, “And there wasn't a thing in the world to prevent Mrs. Hall from seeing all the way, was there, if she had looked?”, as follows: “If she was looking in that direction, there wasn’t — no.” This assignment of error cannot be sustained, for the reason that evidence of like import had been given by the same witness on cross-examination immediately before without objection. Leonard v. Insurance Co., 212 N.C. 151, 193 S.E. 166; McKay v. Bullard, 219 N.C. 589, 14 S.E. 2d 657; Edwards v. Junior Order, 220 N.C. 41, 16 S.E. 2d 466; White v. Disher, 232 N.C. 260, 59 S.E. 2d 798. See also Spears v. Randolph, 241 N.C. 659, 86 S.E. 2d 263.
All plaintiff’s other assignments of error, except formal ones, relate to the court’s charge to the jury. A careful reading of the charge in its entirety, and a meticulous consideration of plaintiff’s assignments of error in respect thereto, fail to show prejudicial error sufficient to justify the awarding of a new trial'. Therefore, the verdict and judgment below will be upheld.
No error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.