Forsyth v. Zebulon Cotton Oil Mill Co.
Supreme Court of North Carolina
Appeal by plaintiff from O. H. Allen, Jat April Term, 1914, of 'Wake. This was a civil action, tried upon tbe following issues: '1. Was tbe plaintiff injured by tbe negligence of tbe defendant, as alleged'in tbe complaint? Answer: No. 2. Did tbe plaintiff assume tbe risk of being injured while in tbe employ of tbe defendant ? Answer;- 3. Did tbe plaintiff, by bis own negligence, contribute to'bis injury? Answer:_ 4. Wbat damage did tbe plaintiff sustain by reason of tbe…
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Appeal by plaintiff from O. H. Allen, Jat April Term, 1914, of 'Wake. This was a civil action, tried upon tbe following issues: '1. Was tbe plaintiff injured by tbe negligence of tbe defendant, as alleged'in tbe complaint? Answer: No. 2. Did tbe plaintiff assume tbe risk of being injured while in tbe employ of tbe defendant ? Answer;- 3. Did tbe plaintiff, by bis own negligence, contribute to'bis injury? Answer:_ 4. Wbat damage did tbe plaintiff sustain by reason of tbe injury? Answer:_ Tbe plaintiff moved for a new trial. Tbe motion was refused. Tbe plaintiff excepted and appealed from tbe…
1Opinion of the CourtBkowN, J.
Tbe plaintiff sues to recover damages for an injury sustained by bim while in tbe employ of tbe defendant, alleged to have been caused by its negligence. There are no exceptions to tbe evidence taken and none to tbe charge of tbe judge upon tbe several issues. Tbe plaintiff rests bis whole case upon tbe refusal of bis Honor to give this special instruction, towit: “If you believe tbe evidence, you will answer tbe first issue Wes.’ ” Evidently all of tbe other special instructions prayed for by tbe plaintiff were given, or were fully covered by tbe charge of tbe court. As tbe plaintiff noted…
2Cases cited1 opinion
- Deppe v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910
3Cited by11 opinions
- Cox v. Hennis Freight LinesSupreme Court of North Carolina · 1952
- Lamb v. PerrySupreme Court of North Carolina · 1915
- Dudley v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1920
- Phillips v. GilesSupreme Court of North Carolina · 1918
- Phillips v. . GilesSupreme Court of North Carolina · 1918
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