[DOWNLOAD] "Barnes v. Caulbourne" by Supreme Court of North Carolina ~ Book PDF Kindle ePub Free
eBook details
- Title: Barnes v. Caulbourne
- Author : Supreme Court of North Carolina
- Release Date : January 13, 1954
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
It is noteworthy that the evidence upon which plaintiff relied tends to show a factual account of the tragic accident materially at variance with the allegations of the complaint; but, on plaintiffs appeal from an adverse jury verdict, we need not consider whether judgment as of nonsuit should have been entered on the ground of variance between allegation and proof. A plaintiff must make out his case secundum allegata. Whichard v. Lipe, 221 N.C. 53, 19 S.E.2d 14, 139 A.L.R. 1147; Suggs v. Braxton, 227 N.C. 50, 40 S.E.2d 470.