Daughtry v. Cline

In a warmly contested trial lasting the greater part of a week, two exceptions are presented, and one in respect of the charge on the measure of damages is held for error.

The instruction here challenged seems to have been taken from 3 Sutherland on Damages (1st Ed.), 261, and was approved by this Court in Wallace v. R. R., 104 N. C., 442, 10 S. E., 552; Clark v. Traction Co., 138 N. C., 77, 50 S. E., 518, 107 Am. St. Rep., 526; and Muse v. Motor Co., 175 N. C., 466, 95 S. E., 900. See, also, Patterson v. Nichols, 157 N. C., 406, 73 S. E., 202, where the Statement is characterized as “full and…