129 S.E. 925 | N.C. | 1925
Civil action to recover damages for an alleged negligent injury to feme plaintiff, caused by the escaping of carbon monoxide from a kitchen range, water heater and tank, installed by agents of the defendant in plaintiffs' home and heated by gas purchased from the municipality owned and operated Rocky Mount Gas Works.
From a verdict and judgment in favor of defendant, the plaintiffs appeal, assigning errors.
Plaintiffs have abandoned all their exceptions and assignments of error appearing on the record and rely entirely upon their motion for a new trial on the ground of newly discovered evidence. It is alleged in the motion, seasonably lodged for the purpose, that the information which the plaintiffs consider material and vitally important, came to their knowledge and attention after the term of court at which the case was tried had adjourned, and after the appeal had been docketed here. Allen v. Gooding,
No error.
