Hall v. Atkinson
MARY PETREE HALL, Plaintiff, v. BEN W. ATKINSON, JR., and FORSYTH COUNTY, Defendants
Opinion
PER Cubiam.
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.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 5 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.