Scott v. . Swift Co. , 214 N.C. 580 ( 1938 )

Per Cueiam.

At the close of plaintiffs’ evidence and at the close of all the evidence the defendant Swift & Company made motions in the court below for judgment as in case of nonsuit. C. S., 567. The court below overruled these motions and in this we can see no error.

After reading the record and briefs and hearing the able arguments of the litigants, we can see no prejudicial or reversible error. It is well settled in this jurisdiction that error will not be presumed, it must be affirmatively established. The appellant is required to show error and he must make it appear plainly, as the presumption is against him. The case was tried under well settled law in matters of this kind. There is no new or novel proposition of law involved.

In the judgment of the court below, we find

No error.