Morris v. Kramer Bros.
Supreme Court of North Carolina
Appeal by defendant from Allen, J., at January Term, 1921, of PASQUOTANK. This action was brought to recover damages for injuries alleged to have been caused by defendant’s negligence. Plaintiff had been employed by the defendant to work in his sawmill, and was engaged at the time of his injury on the platform in loading sawed lumber upon trucks preparatory to hauling it to the drykilns, or to the yard of the mill.
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Appeal by defendant from Allen, J., at January Term, 1921, of PASQUOTANK. This action was brought to recover damages for injuries alleged to have been caused by defendant’s negligence. Plaintiff had been employed by the defendant to work in his sawmill, and was engaged at the time of his injury on the platform in loading sawed lumber upon trucks preparatory to hauling it to the drykilns, or to the yard of the mill. The lumber was brought to the platform by a chain or conveyor, and while so performing his duties he was knocked from the platform by a heavy board, which had fallen from the…
1Opinion of the Court
Walker, J\,
after stating the pertinent facts: We will repeat here what we said in Bank v. McArthur, 168 N. C., 48 at page 52: “We are of the opinion that the remark of the learned and unusually careful judge, in regard to calling a certain witness, should not have been made, and was calculated, as an intimation, if not a direct expression, of ■opinion upon tbe facts, to prejudice tbe plaintiff, and is forbidden by tbe statute, wbicb provides: No judge, in giving a charge to a petit jury, either in a civil or criminal action, shall give an opinion as to whether a fact is fully or sufficiently…
2Cases cited10 opinions
- Withers v. . LaneSupreme Court of North Carolina · 1907
- Leathers v. Blackwell Durham Tobacco Co.Supreme Court of North Carolina · 1907
- State v. . DickSupreme Court of North Carolina · 1864
- State v. . OwnbySupreme Court of North Carolina · 1908
- Fourth National Bank v. McArthurSupreme Court of North Carolina · 1915
5 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- State v. PerrySupreme Court of North Carolina · 1950
- State v. . HartSupreme Court of North Carolina · 1923
- State v. CanipeSupreme Court of North Carolina · 1954
- State v. . BryantSupreme Court of North Carolina · 1925
- State v. SmithSupreme Court of North Carolina · 1954
21 more not listed; retrieve them via the Exa API.