Wacksmuth v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal by defendant from Whedbee, J., at June Special Term, 1911, of Edgecombe. This is an action to recover damages for personal injuries caused, as the plaintiff alleges, by the negligence of the defendant. The defendant denies negligence, alleges that the plaintiff was guilty of contributory negligence, and specially pleads, as a defense, that the plaintiff was. a member of its relief department, and that after his injury he accepted benefits from the department.
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Appeal by defendant from Whedbee, J., at June Special Term, 1911, of Edgecombe. This is an action to recover damages for personal injuries caused, as the plaintiff alleges, by the negligence of the defendant. The defendant denies negligence, alleges that the plaintiff was guilty of contributory negligence, and specially pleads, as a defense, that the plaintiff was. a member of its relief department, and that after his injury he accepted benefits from the department. There was evidence that the plaintiff was injured on 18 April, 1904, in a collision, while performing his duty for the defendant…
1Opinion of the Court
AlleN, J.,
after stating the case: An examination of the record shows that no exception was taken to the answer of the witness embraced in the first assignment of error. The objection was to the question, and it was clearly competent to ask the plaintiff as to the extent of his injuries, and for him to state how much he suffered; and if the defendant thought the answer was not responsive, it was its duty to move to strike it out.
This is fair to the judge and the parties, as it gives an opportunity to correct any error that has been committed; and the judge may well conclude when objection is…
2Cases cited2 opinions
- Aderholt v. Seaboard Air Line RailwaySupreme Court of North Carolina · 1910
- Dalrymple v. CraigMissouri Court of Appeals · 1897