Dickerson v. Dail

• Decision Date: 18 September 1912
• Citation: 75 S.E. 803,159 N.C. 541
• Parties: DICKERSON v. DAIL.
• Court: North Carolina Supreme Court

75 S.E. 803

159 N.C. 541

DICKERSON v. DAIL.

Supreme Court of North Carolina

September 18, 1912

Appeal from Superior Court, Pitt County; Allen, Judge.

Action by R. T. Dickerson against E. E. Dail. From a judgment for plaintiff, defendant appeals. Affirmed.

Evidence of facts in mitigation of damages not pleaded held properly excluded in an action of slander.

F. C. Harding and Harry Skinner, for appellant.

W. F. Evans, for appellee.

ALLEN, J.

The exceptions set out in the record relate to rulings upon the evidence, and all belong to one of two classes. In the first class the questions are set out, but there is no statement as to the answer of the witness when the question was admitted, nor as to the evidence sought to be elicited when it was excluded; and, as we cannot see that the defendant has been prejudiced, the exceptions cannot be sustained. State v. Leak, 156 N.C. 643, 72 S.E. 567. If, however, the evidence was of the character indicated on the argument, we are of opinion that there was no error in the rulings of the court.

The other exceptions relate to the exclusion of evidence as to facts in mitigation of damages, which are not alleged in the answer, and it is settled that such evidence is not admissible. Upchurch v. Robertson, 127 N.C. 127, 37 S.E. 157. We find no error.

Affirmed.