Sledge v. Wagoner

As in Maddox v. Brown, 233 N.C. 519, 521, 64 S.E. 2d 864, where the rules applicable are fully stated, decision turns on “whether the evidence on the retrial was substantially the same as, or materially different from, that adduced at the previous trial.” See Jernigan v. Jernigan, 238 N.C. 444, 78 S.E. 2d 179, and cases cited.

The evidence relating to the cause and circumstances of plaintiff’s fall consists of plaintiff’s testimony. Except as stated below, it is substantially the same as his testimony at the trial at November Term, 1957, set forth in detail by Johnson, J., in the opinion in…