Supreme Court of North Carolina, 1965

Burgess v. CG TATE CONSTRUCTION COMPANY

Burgess v. CG TATE CONSTRUCTION COMPANY
Supreme Court of North Carolina · Decided March 17, 1965 · Per Curiam
140 S.E.2d 766; 264 N.C. 82; 1965 N.C. LEXIS 1120 (South Eastern Reporter, Second Series)

Burgess v. CG TATE CONSTRUCTION COMPANY

Opinion

Pek Cuei&m.

We have examined the record and considered each of plaintiff’s assignments of error. We find no error which, in our opinion, affected the verdict. ‘Verdicts and judgments are not to be set aside for harmless error or for mere error and no more . . .”’ Collins v. Lamb, 215 N.C. 719, 720, 2 S.E. 2d 863, 864. The burden is on appellant to show not only that there was error in the trial but also that there is a reasonable probability that “the result was materially affected thereby to his hurt.”' Garland v. Penegar, 235 N.C. 517, 519, 70 S.E. 2d 486, 488. We find no reason to disturb the result of the trial.

No error.

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