Alexander v. City of Statesville
Supreme Court of North Carolina
Appeal by plaintiff from Long, J., at October Term, 1913, of Ieedell. Action to recover damages for personal injuries, alleged to bave been caused by defendant’s negligence. Plaintiff is a boy about 7 years old, and was, at tlie time be was burt, a pupil at tbe graded scbool in Statesville. Defendant was engaged in widening Bell Street some 15 feet and constructing a culvert underneath it.
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Appeal by plaintiff from Long, J., at October Term, 1913, of Ieedell. Action to recover damages for personal injuries, alleged to bave been caused by defendant’s negligence. Plaintiff is a boy about 7 years old, and was, at tlie time be was burt, a pupil at tbe graded scbool in Statesville. Defendant was engaged in widening Bell Street some 15 feet and constructing a culvert underneath it. Plaintiff contended tbat tbe work of widening tbe street bad been completed and tbe street open for travel, tbe space between tbe bead-walls of tbe culvert having been filled with dirt to tbe intended…
1Opinion of the Court
"Walker, J.,
after stating the case: The plaintiff’s counsel requested the court to charge the jury that the first issue should be answered affirmatively if they believed the evidence. This, if given, would of course be virtually a withdrawal of the fact involved in the main issue, as to negligence, from the finding of the jury, leaving them only to decide upon the credibility of the evidence. The form of the prayer, as we have frequently said, is not to be commended, as the jury may believe the evidence and yet not be willing to find that the fact of negligence has been established by it.…
2Cases cited39 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
- Cosgrove v. . OgdenNew York Court of Appeals · 1872
- Mangam v. . Brooklyn R.R. Co.New York Court of Appeals · 1868
- Robinson v. ConeSupreme Court of Vermont · 1850
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- Wilson v. . HoldingSupreme Court of North Carolina · 1915
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