Beard v. Railroad
Supreme Court of North Carolina
AgtioN by 0. IL Beard against Southern Eailway Company, heard bj Judge Q. 8. Ferguson and a jury, at the April Term, 1906, of the Superior Court of G-uilNOrd. This action is prosecuted for the recovery of damages sustained by«the plaintiff while in the employment of defendant, by reason of alleged negligence. The defendant denies that it was guilty of negligence and alleges that plaintiff was injured by reason of his own negligence.
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AgtioN by 0. IL Beard against Southern Eailway Company, heard bj Judge Q. 8. Ferguson and a jury, at the April Term, 1906, of the Superior Court of G-uilNOrd. This action is prosecuted for the recovery of damages sustained by«the plaintiff while in the employment of defendant, by reason of alleged negligence. The defendant denies that it was guilty of negligence and alleges that plaintiff was injured by reason of his own negligence. Eor a further defense defendant sets up a release executed by plaintiff. In reply to this new matter plaintiff avers that at the time of the execution of the…
1Opinion of the CourtCoNNOR., J.
The record contains thirty-eight assignments of error. Several of them become immaterial by reason of the verdict upon the first issue, which was directed to the execution of the release. The jury found that plaintiff did not, for a valuable consideration, “release and absolve the defendant from all liability on account of the injury.” In view of the testimony and his Honor’s instruction, this finding involves the conclusion that plaintiff did not possess sufficient mental 'capacity to understand its effect upon his legal rights when he signed the release. The second issue, therefore, as his…
2Cases cited6 opinions
- Bost v. . BostSupreme Court of North Carolina · 1882
- Summerlin v. Carolina & North-Western RailroadSupreme Court of North Carolina · 1903
- State v. . BowmanSupreme Court of North Carolina · 1878
- Horah v. . KnoxSupreme Court of North Carolina · 1882
- Kalk v. FieldingWisconsin Supreme Court · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Spivey v. NewmanSupreme Court of North Carolina · 1950
- Moore v. New York Life Insurance CompanySupreme Court of North Carolina · 1966
- Lynch v. Rosemary Manufacturing Co.Supreme Court of North Carolina · 1914
- Liberty Chair Co. v. CrawfordSupreme Court of North Carolina · 1927
- Taylor v. BogerSupreme Court of North Carolina · 1976
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