Wallace v. West Construction Co., 186 N.C. 778 (1923)

Nov. 28, 1923 · Supreme Court of North Carolina
186 N.C. 778

PAUL WALLACE v. THE WEST CONSTRUCTION COMPANY.

(Filed 28 November, 1923.)

Appeal by defendant from Calvert, J., at June Term, 1923, of LENOIR.

Civil action tried upon the following issues:

“1. Was the plaintiff injured by the negligence of the defendant, as alleged in the complaint? Answer : ‘Yes.’

*779 “2. If so, did tbe plaintiff, by bis own negligence, contribute to bis injury, as alleged in tbe answer? Answer: No.’

“3. Wbat damage, if any, is tbe plaintiff entitled to recover of tbe defendant ? Answer: '$1,600.’ ”

Judgment on tbe verdict in favor of plaintiff. Defendant appealed, assigning errors.

Shaw & J ones for plaintiff.

Rouse & Rouse for defendant.

Pee Cueiam.

Upon controverted issues of fact tbe jury has determined tbe case in favor of tbe plaintiff. A careful perusal of tbe record leaves us with tbe impression that -tbe case has been tried substantially in accordance with tbe law bearing on tbe subject, and we have discovered no ruling or action on tbe part of tbe trial court which we apprehend should be held for reversible error. Tbe verdict and judgment will be upheld.

No error.