Roberson v. . Abbitt

Civil action to recover damages for death of 28 hogs on 18 September, 1942, while in transit in defendant's truck from Williamston, N.C. to Richmond, Va.

Upon denial of liability and issues joined, the jury returned a verdict in favor of the defendant. From judgment thereon, the plaintiffs appeal, alleging error in requiring them to establish the defendant's negligence by a preponderance of the evidence as a condition precedent to recovery. Exception. The case was tried on the principles announced in Fuller v. R. R.,214 N.C. 648, 200 S.E. 403; Edgerton v. R. R., 203 N.C. 281,165 S.E. 689;…