Westmoreland v. Southern Ry. Co.
| Citation | 116 S.E.2d 350,253 N.C. 197 |
| Decision Date | 12 October 1960 |
| Docket Number | No. 28,28 |
| Court | United States State Supreme Court of North Carolina |
| Parties | G. B. WESTMORELAND v. SOUTHERN RAILWAY COMPANY, a corporation. |
Wm. D. Lonon, Paul J. Story, Marion, for plaintiff, appellant.
W. T. Joyner, Raleigh, Proctor & Dameron, Marion, for defendant, appellee.
The court sustained the objections to two questions whether a fire will start along a railroad track (1) by reason of defective brakes and (2) by reason of friction between the wheels and the track. The plaintiff assigns the above as error No. 1. Failure to show what the witness would have answered renders the ruling nonprejudicial. Other objections need not be discussed.
The other seven assignments of error relate to the charge. Careful examination fails to show error in any of the particulars assigned.
The critical issue was one of fact which the jury answered against the plaintiff upon whom the law placed the burden of proof.
No error.
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Currence v. Hardin
...have been Competent. 'Failure to show what the witness would have answered renders the ruling nonprejudicial.' Westmoreland v. R. R., 253 N.C. 197, 198, 116 S.E.2d 350, 351. . . ." (Emphasis added.) Accordingly, we would hold that, whether an objection be to the admissibility of testimony o......
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State v. Peeden
...answers the witness would have given if permitted to answer. Therefore, the ruling cannot be held as prejudicial. Westmoreland v. Southern Ry. Co., 253 N.C. 197, 116 S.E.2d 350; State v. Poolos, 241 N.C. 382, 85 S.E.2d 342. This assignment of error is The defendant further assigns as error ......
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State v. Bailey, No. 7121SC512
...Newbern v. Hinton, 190 N.C. 108, 129 S.E. 181 (1925); Rhodes v. Raxter, 242 N.C. 206, 87 S.E.2d 265 (1955); and Westmoreland v. Southern R.R., 253 N.C. 197, 116 S.E.2d 350 (1960). All questions presented by this appeal have been carefully considered, and we No error. MALLARD, C.J., and HEDR......
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