Speight v. Seaboard Air Line Railway
Supreme Court of North Carolina
Appeal by plaintiff from Peebles, J., at July Term, 1912, of RICHMOND. This is an action to recover damages for tbe negligent killing of the plaintiff’s intestate.
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Appeal by plaintiff from Peebles, J., at July Term, 1912, of RICHMOND. This is an action to recover damages for tbe negligent killing of the plaintiff’s intestate. The jury returned the following verdict: 1. Was the plaintiff’s intestate, Arthur Speight, injured and killed by the negligence of the defendant, as alleged in the complaint? Answer: Tes. ^ 2. Did the plaintiff’s intestate, by his own negligence, contribute to his own injury and death, as alleged in the defendant’s answer? Answer: Yes. 3. If so, notwithstanding the contributory negligence of the plaintiff’s intestate, could the…
1Opinion of the Court
Allen, fl.
If we were, permitted to consider the portions of the charge excepted to by the plaintiff, alone and not in connection with other parts of the charge, we might conclude there was prejudicial error; but we cannot do so.
“The charge and every part thereof is given to the jury for their instruction and guidance, and they must consider it as a whole. They have no right to select such parts as suit themselves and reject the remainder, nor can counsel be permitted to do so upon an appeal to this Court. Such a course would be grossly unfair to the trial judge and would make the ultimate…
2Cases cited15 opinions
- Pickett v. . R. R.Supreme Court of North Carolina · 1895
- McLamb v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1898
- Russell v. Windsor Steamboat Co.Supreme Court of North Carolina · 1900
- Wilson v. RailroadSupreme Court of North Carolina · 1906
- State v. . MaloneeSupreme Court of North Carolina · 1910
10 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hancock v. . WilsonSupreme Court of North Carolina · 1937
- Armentrout v. HughesSupreme Court of North Carolina · 1958
- Russell v. . MonroeSupreme Court of North Carolina · 1895
- Herndon v. Southern Railway Co.Supreme Court of North Carolina · 1913
- Taylor v. J. A. Jones Construction Co.Supreme Court of North Carolina · 1927
3 more not listed; retrieve them via the Exa API.