This Court, speaking through Rodman, J., has expressly said that G.S. He offered no evidence and the record is devoid of any evidence as to the age, health, habits, or earning capacity of Gore. No discussion of negligence or proximate cause is necessary to sustain the motions of Hines and Eagle to nonsuit the action of Frink, administrator, for the wrongful death of his intestate.
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The first assignment of error is overruled.Īppellant's second assignment of error embraces his exceptions to the overruling of his motion to nonsuit the actions of Hines and Eagle against him, and to the order of the court nonsuiting his action for the wrongful death of Gore.
#Malcolm frink trial
Technical error will not authorize a new trial unless it appears that the objecting party was prejudiced thereby, and the burden is on him to show prejudice. Jurors are presumed to be persons of "sufficient intelligence". However, it is inconceivable that it could have affected the verdict. This hearsay was, of course, incompetent and totally irrelevant.
#Malcolm frink license
Barefoot, Wilmington, and Dupree, Weaver, Horton & Cockman, Raleigh, for appellees.Īppellant's first assignment of error relates to the testimony of the investigating *513 officer that the license plate on Gore's Dodge truck had been issued for an International truck which he found out later had been junked. FRINK, Administrator of the Estate of Thomas Ray Gore, Deceased, FRINK, Administrator of the Estate of Thomas Ray Gore, Deceased. Malcolm Frink: Yolli, I don't really know you that well, but you seem to be a really nice girl. Hear? Now sign it! Or the great Malcolm Frink won't make it to his senior year. I want my yearbook signed by ALL my classmates - even the arrogant jerks like you. Yolanda Pratchert: Listen up, Frink-lips. See, kids? Grandma really did go to school with the great Malcolm Frink. Malcolm Frink: Of course, but then, who will want to sell it? It'll become a family treasure, something to pull out of the nylon bag to show the grand kids. And in the years to come, a Malcolm Frink signature will be worth thousands. I'm the only student that will achieve any kind of fame after we leave this dump.
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Yolanda Pratchert: And why would anyone pay five dollars for your signature? Malcolm Frink: Well, I thought of charging ten, but being the last week of school and all, I'm easy.
Malcolm Frink: Especially since I'm only charging five dollars per signature. Yolanda Pratchert: Wow, this is a side of you I've never seen, Malcolm. Malcolm Frink: Really, it's the least I can do for my fellow classmates. Malcolm Frink: Negative about these sort of things? Yolanda Pratchert: Whoa, this isn't like you, Malcolm. Yolanda Pratchert: Malcolm, would you sign my yearbook?
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