Wells v. French Broad Electric Membership Corp.
Court of Appeals of North Carolina
1Opinion of the Court
VAUGHN, Chief Judge.
We first dispose of two of plaintiffs assignments of error on mootness grounds. Plaintiff assigns error to the trial court’s failure to admit certain evidence relating to loss of production damages, and also assigns error to the submission of the contributory negligence issue to the jury. Because the jury found that the plaintiff was not damaged by defendant’s negligence, both these assignments are rendered moot.
Appellate courts will not decide moot or academic questions, Rice v. Rigsby, 259 N.C. 506, 518, 131 S.E. 2d 469, 477 (1963), and the jury’s answer to one issue…
2Cases cited12 opinions
- Rural Plumbing & Heating, Inc. v. H. C. Jones Construction Co.Supreme Court of North Carolina · 1966
- Beck v. Carolina Power and Light Co.Court of Appeals of North Carolina · 1982
- Snow v. Duke Power Co.Supreme Court of North Carolina · 1979
- Rice v. RigsbySupreme Court of North Carolina · 1963
- Superior Foods, Inc. v. Harris-Teeter Super Markets, Inc.Supreme Court of North Carolina · 1975
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3Cited by4 opinions
- Bowden v. BellCourt of Appeals of North Carolina · 1994
- Henson v. GREEN TREE SERVICING LLCCourt of Appeals of North Carolina · 2009
- Barber v. Babcock & Wilcox Construction Co.Court of Appeals of North Carolina · 1990
- Ingles Markets, Inc. v. Town of Black MountainCourt of Appeals of North Carolina · 1990