Horner Graves v. . Baker
Supreme Court of North Carolina
This was a civil actioN originally commenced in the court of a Justice of the Peace, and carried upon appeal to the Superior Court of Edg-ecoMbb county, where it was tried before Seymour, J. and a jury, at July Term, 1875. On the trial in the court below, one Hamilton, a witness for the plaintiffs testified, that the plaintiffs kept a public school open to students from any quarter. The school is military in its organization.
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This was a civil actioN originally commenced in the court of a Justice of the Peace, and carried upon appeal to the Superior Court of Edg-ecoMbb county, where it was tried before Seymour, J. and a jury, at July Term, 1875. On the trial in the court below, one Hamilton, a witness for the plaintiffs testified, that the plaintiffs kept a public school open to students from any quarter. The school is military in its organization. The terms were $157.50 per session of twenty weeks, to be paid in advance. Tuition and board were all included in one amount,at Spring Term, 1875. Formerly they were…
1Opinion of the Court
PearsoN, O'.’JV
Tbe fact that plaintiffs were conductors of a public school and had advertised extensively the terms and regulations of their school, taken in connection with the fact that defendant had' sent his son to this school for one session, and had also sent him to a second session, was some evidence the defendant had notice of the terms and regulations of the school, and had assented thereto. This evidence ought to have gone to the jury. There is error. "We do think' the cases in which it is held that a common carrier, in order to 'limit his liability according to the common law, must…
2Cited by3 opinions
- Teeter v. Horner Military SchoolSupreme Court of North Carolina · 1914
- Horner School v. . WescottSupreme Court of North Carolina · 1899
- La Salle Extension University v. OgburnSupreme Court of North Carolina · 1917