Harper v. . Bullock

Defendant’s only assignment of error on his appeal to this Court is based on his exception to the order of the trial court, refusing to allow his motion for judgment as of nonsuit, at the close of all the evidence. C. S., 567. In support of this assignment of error, defendant contends:

1. That there was no evidence at the trial that this action was begun within one year from the date of the death of plaintiff’s intestate.

2. That there was not sufficient evidence that the death of plaintiff’s intestate was the proximate result of the eating by her of wieners, or sausages, manufactured by the…