Hardin v. . Myers ( 1929 )

Per Curiam.

We have read with care the record in this action and the briefs of the parties. We think the case was tried in the Forsyth County Court in accordance with well-settled principles of law. The exceptions and assignments of error, as to the admission and exclusion of evidence, the charge and prayer for special instruction are without merit. The judge in the Forsyth County Court was careful in his rulings on the evidence. The charge was clear and gave the law applicable to the facts and the contentions of the parties fairly on both sides. The •judge of the Superior Court on appeal overruled all the exceptions and assignments of error. The judge of the Forsyth County Court charged the jury: “The burden of proof, gentlemen of the jury, rests upon the plaintiff to satisfy you by clear, strong, cogent and convincing evidence of the affirmative of these several issues, as the facts shall severally apply to these three issues.” This burden was repeated. The facts were for the jury to decide. The facts were found by the jury in favor of plaintiff.

On the entire record we find no error. The judgment of the Superior Court is

Affirmed.