Lindsey v. . Sanderlin
104 N.C. 331
N.C.
1889
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The argument of the plaintiff's counsel was addressed to the general character of his Honor's charge in reference to negligence. We regret that we are precluded from passing upon that question. There is not only a failure to assign error (see McKinnin v. Morrison, post, 354, and Carltonv. R. R., post, 365), but the case expressly states that the instructions given were not excepted to.

The judgment therefore must be

Affirmed.

Cited: Barber v. Buffaloe, 122 N.C. 131.

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