Butler v. Carolina Power & Light Co.

~We pretermit discussion of the objections and exceptions to the admission and exclusion of evidence, since they do not disclose reversible error. Mostly, they relate to warnings which were given to the plaintiff’s intestate while he was in the tree and are, therefore, within the res gestee. Harrill v. R. R., 132 N. C., 655, 44 S. E., 109.

But the plaintiff contends strongly that the trial court — the general county court of Buncombe County — committed error in declining to submit the tendered issue as to the creation and maintenance of a dangerous nuisance, by reason of which, it is…