Legal Opinion

Brown v. Boney

Court of Appeals of North Carolina

Decided June 19, 1979No. 7815SC641PublishedCited by 16 opinions

1Opinion of the Court

HEDRICK, Judge.

The one question presented by this appeal is whether the court erred in directing a verdict for the defendant at the close of plaintiff’s evidence. It is an elementary principle of appellate review that the appellant has the burden not only to show error, but also to show that the alleged error was prejudicial and amounted to the denial of some substantial right. Gregory v. Lynch, 271 N.C. 198, 155 S.E. 2d 488 (1967); Matthews v. Lineberry, 35 N.C. App. 527, 241 S.E. 2d 735 (1978); 1 Strong’s N. C. Index 3d, Appeal and Error, § 46.1 (1976). Plaintiff has presented for our…

2Cases cited4 opinions

  1. Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
  2. Gregory v. LynchSupreme Court of North Carolina · 1967
  3. Parker v. . EdwardsSupreme Court of North Carolina · 1942
  4. Matthews ex rel. Bralley v. LineberryCourt of Appeals of North Carolina · 1978

3Cited by16 opinions

  1. Robert Van Buskirk, M.D.L., 1257, in Re Cable News Network v. Cable News Network, Inc., Time Inc., and Time Warner Inc.Court of Appeals for the Ninth Circuit · 2002
  2. Fellows v. National Enquirer, Inc.California Supreme Court · 1986
  3. Clark v. PerryCourt of Appeals of North Carolina · 1994
  4. Connelly Ex Rel. McBride v. Family Inns of America, Inc.Court of Appeals of North Carolina · 2000
  5. Martin Marietta Corp. v. Wake Stone Corp.Court of Appeals of North Carolina · 1993

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