Bringhurst v. Harkins

Pennewill, C. J.,

delivering the opinion of the Court:

The only assignment of error that need be considered at length, and the only one, we think, the appellant seriously relies upon, is the one that is based upon the refusal of the court below to grant a new trial.

The other assignments raise three questions, all of which may be briefly answered.

1. That the court charged the jury it was the duty of the plaintiff below to seasonably leave the room when ordered by the defendant. The defendant contends that it was the duty of the plaintiff to leave the room immediately, and that the word…