Tbe plaintiff moves to dismiss because tbe case on appeal bas not been settled in tbe manner required by Ee-visal, 591, wbicb requires tbat tbe appellant “shall cause to be prepared a
concise
statement of tbe case on appeal.” Instead of tbat, tbe entire evidence from tbe stenographer’s notes, covering 157 printed pages, bas been dumped into the record in tbe form of question and answer, though this bas been condemned in repeated decisions of this Court.
Cressler v. Asheville,
Tbe defendant seeks to excuse itself upon tbe ground:
1. Tbat this being a nonsuit, it was necessary to set out all tbe evidence. Even if it were so, tbat would not excuse setting out tbe evidence in form of question and answer. Besides tbe intestate of tbe plaintiff having been killed in a derailment, a
prima facie
case of negligence was made out and a nonsuit could not have been ordered.
Wright v. R. R.,
2. Tbe defendant contends that as the plaintiff sues in forma pauperis, tbe costs of tbe extra record and printing could in no event be taxed against tbe plaintiff. But tbis does not excuse tbe nonobservanee of tbe rules of tbe Court, nor justify dumping an unnecessary volume of matter upon tbe Court and tbe opposite counsel for examination.
In accordance witb wbat was laid down in Bucken v. R. R., supra, we must dismiss- tbe appeal, or, rather, affirm tbe judgment, there being no error on tbe face of tbe record proper; but, nevertheless, at tbe request of counsel for defendant, we have carefully examined tbe entire record and tbe assignments of error.
There were seventy-seven exceptions taken, which in tbe assignments of error are reduced to fifty-two and in tbe defendant’s brief are still further reduced to twenty-one. Forty-seven of tbe exceptions were to tbe admission of evidence, some of which are based upon objections entered by plaintiff and not by defendant. "We do not find that any of them require discussion. Tbe exceptions for failure to nonsuit and to set aside the verdict were properly abandoned. Tbe six exceptions for 'refusal of tbe court to instruct tbe jury as requested by defendant cannot be sustained.
McNeill v. R. R.,
Tbe object of an opinion is to lay down a rule for tbe guidance of trial judges and of counsel in other cases. There can be no- benefit in cumbering our reports witb the discussion of exceptions in matters that are plain or that have already been repeatedly passed upon by tbe Court. Such excexotions bear testimony to tbe earnestness and zeal of counsel, but when we find, upon careful examination, that the discussion of tbe assignments of error set out in tbe record would present no new principle nor a new application of an old one, but will be' merely a *325 recognition of what bas already been often decided, we feel tbat it is our duty to refrain. Counsel have done all in this ease tbat tbeir well-known ability could accomplish for tbeir client. Tbe intestate of tbe plaintiff was killed in a derailment wbieb, if tbe evidence was believed, was caused by a loose chain on a car which caught an obstruction as tbe train was in rapid motion, pulling out a sway-bar, which threw tbe car from tbe track, causing tbe wreck in which tbe defendant was instantly killed. There was no other theory advanced in tbe pleadings or on the trial, and tbe investigation, aside from well-settled principles of tbe law, presented only issues of fact, which the jury have determined.
Affirmed.