Hanks v. Norfolk & Western R. R.

The defendant reserved exceptions to the exclusion of its Exhibits A, B, C, D, E, E, and G, and is now awarded a new trial by the majority of this Court on the specific basis that the rejection of Exhibits A, D, E, E, and G constituted error. I cannot agree with this decision.

It is a fundamental rule of appellate practice that a judgment will he upheld on appeal unless the appellant shows affirmatively by the record that some reversible, material, substantial, or prejudicial error was committed by the lower court. S. v. Gibson, 229 N.C. 497, 50 S.E. 2d 520; Roberts v. Bus Co., 198 N.C. 779,…