#### C. E. POINDEXTER v. NORFOLK SOUTHERN RAILWAY COMPANY.

(Filed 28 October, 1931.)

Appeal and Error J d — Burden of showing error is on appellant.

Tbe burden of showing error on appeal is on tbe appellant, it being presumed that tbe judgment of tbe lower court is correct, and where tbe appellant fails to overcome this presumption tbe judgment will be affirmed.

Appeal by plaintiff from Oranmer, J., at July Term, 1931, of Lee.

Civil action to recover damages for an alleged negligent burning of about 35 acres of plaintiff’s plantation and timber land.

From a judgment of nonsuit entered at tbe close of plaintiff’s evidence, he appeals.

H. M. Jackson for plaintiff.

Robinson, Downing & Downing for defendant.

Pee Cubiam.

Tbe plaintiff on bis appeal to this Court has failed to overcome tbe presumption against error. Tbe testimony of bis witnesses falls short of tbe desired result on appeal, because of its indefiniteness and uncertainty as to tbe origin of tbe fire.

Tbe burden is on appellant to show error. It is not presumed. Jackson v. Bell, ante, 336; Bailey v. McKay, 198 N. C., 638, 152 S. E., 893.

Affirmed.