Burton v. . W. W. R. R.

Upon the former hearing, this case was carefully examined and considered, and after being retained under an advisari, decided, and our conclusion announced at the succeeding term (82 N.C. 504). To the full and elaborate argument now addressed to us on behalf of the plaintiff for a revision of the opinion then formed, we have given the attention due to the importance of the case and the principle involved, and now proceed to announce the result.

Two errors are assigned in the application for a re hearing [rehearing]

1. No exception having been taken to the charge in the particular declared to be…