{
  "id": 2217708,
  "name": "J. I. MASON, Doing Business as MASON & COMPANY, v. TOWN OF ANDREWS",
  "name_abbreviation": "Mason v. Town of Andrews",
  "decision_date": "1927-06-10",
  "docket_number": "",
  "first_page": "854",
  "last_page": "855",
  "citations": [
    {
      "type": "official",
      "cite": "193 N.C. 854"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "182 N. C., 477",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8656408
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/182/0477-01"
      ]
    }
  ],
  "analysis": {
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  "last_updated": "2023-07-14T17:08:43.639996+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "J. I. MASON, Doing Business as MASON & COMPANY, v. TOWN OF ANDREWS."
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nThis case was here before on appeal by defendant from a judgment in favor of plaintiff and a new trial awarded defendant. Mason v. Andrews, 192 N. C., p. 135.\nOn the second trial in the court below, the plaintiff again obtained a judgment against the defendant, and the defendant appealed again to the Supreme Court.\nDefendant made numerous exceptions and assignments of error to the admission and exclusion of evidence on the trial in the court below, and also to the charge of the court.\nA great many exceptions and assignments of error made by defendant do not indicate in tbe record wbat tbe answer of tbe witnesses would have been. '\nIn Rawls v. Lupton, ante, 430, citing a wealth of authorities, it is said \u201cThere is nothing in the record to indicate or disclose what the answers would have been to the question propounded the witness. \u00a5e cannot assume that they would have been favorable to plaintiff. The burden is on the appellant to show error; therefore, the record must set forth and disclose the materiality and competency of the evidence. The record is silent. A long line of unbroken authorities, civil and criminal, support the position here taken.\u201d\nFrom a careful perusal of the record, we do not think the errors complained of by defendant on the whole material or prejudicial, or such as would be reversible error or entitle defendant to a new trial.\nIn Simpson v. Tobacco Growers, 190 N. C., at p. 605, it is said: \u201cError will not be presumed on appeal; it must be affirmatively established. Appellant is required to show error, and he must make it appear plainly, as the presumption is against him. In re Ross, 182 N. C., 477.\u201d\nThe court below tried the case substantially as indicated in the former oj)inion of this Court. It was mainly an issue of fact for the jury to determine.\nIn law, we find\nNo error.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "D. H. Tillett and D. Witherspoon for plaintiff.",
      "Moody & Moody for defendant."
    ],
    "corrections": "",
    "head_matter": "J. I. MASON, Doing Business as MASON & COMPANY, v. TOWN OF ANDREWS.\n(Filed 10 June, 1927.)\nAppeal and Error \u2014 Burden of Proof \u2014 Evidence\u2014Questions and Answers.\nThe burden is on appellant to show error on appeal, and where he has excepted to the exclusion of evidence, he must show its nature, and that he has thereby been prejudiced.\nAppeal by defendant from Harding, J., and a jury, at November Term, 1926, of Cherokee.\nNo error.\nD. H. Tillett and D. Witherspoon for plaintiff.\nMoody & Moody for defendant."
  },
  "file_name": "0854-02",
  "first_page_order": 932,
  "last_page_order": 933
}