Fleming v. . Davenport
116 N.C. 153
N.C.
1895
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This case is controlled by Ballard v. Johnson, 114 N.C. 141, and is so fully discussed there we see no reason for discussing it in this case.

The defendant was entitled to his prayer for instructions to the (157) jury.

The court declined to give these instructions, and this entitles the defendant to a new trial. And, as this substantially disposes of the matters controverted, we do not consider the other questions presented by the appeal. There is error.

New trial.