Ashford v. . Davis

Clare, C. J. The original service was made on a local agent of the railroad company. W. D. Hines, Director General, appeared in the *90 register’s court, defended the action, and appealed from the judgment to the Superior Court. The general appearance waived all defects and irregularities, and would have been sufficient even if there bad been no service at all of the summons shown. C. S., 490. This action was begun before 1 March, 1920, and there being no stated time in which the agent of the government designated to be substituted for the former Director General was to be made a party, the motion to-dismiss the action was properly denied. Bagging Co. v. R. R., 184 N. C., 73. The motion to nonsuit was properly disallowed, as the court could not consider any of the defendant’s testimony in its favor on such motion,, but must take the evidence in the most favorable aspect for the plaintiff. Guano Co. v. Mercantile Co., 168 N. C., 223. The charge of the court put the burden on the plaintiff, not only to prove that the defendant was negligent, but also that such negligence was the proximate cause of the injury. There was no error in refusing the prayers of the defendant as the instructions given substantially covered all that the defendant was entitled to. The issues submitted by the court were sufficient to present all the controverted matters in the ease, and there was no error in rejecting those tendered. Bank v. Ins. Co., 150 N. C., 770. No error.