Legal Opinion
Strickland v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Decided December 22, 1908PublishedCited by 27 opinions
ActioN tried before Lyon, J., at March Term, 1908, of Nash, for the recovery of damages for the negligent killing of George "W. Strickland. At tbe conclusion of tbe plaintiff’s evidence, and again at tbe conclusion of all tbe evidence, tbe defendant moved to nonsuit, wbicb motion was overruled, and tbe defendant excepted. The court submitted issues to tbe jury, wbicb were found for plaintiff. From tbe judgment rendered tbe defendant aj>pealed.
1Opinion of the CourtBrown, J.
The defendant’s counsel bases bis motion to non-suit upon three grounds:
“(a) That there was no evidence of negligence on the part of the defendant.
“(b) That it was the duty of the court to instruct the jury, upon the uncontradicted evidence of the plaintiff, to answer the issue as to contributory negligence 'Yes.’
“(c) For that, even granting the negligence of the defendant, the plaintiff’s intestate was also guilty of negligence upon the uncontradicted evidence of the plaintiff; and the court having no disputed evidence to find, the plaintiff’s evidence clearly established the intestate’s…
2Cases cited6 opinions
- High v. Carolina Central RailroadSupreme Court of North Carolina · 1893
- Norwood v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1892
- Clegg v. Southern Railway Co.Supreme Court of North Carolina · 1903
- Stewart v. Railroad Co.Supreme Court of North Carolina · 1904
- Carter v. Railroad Co.Supreme Court of North Carolina · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Johnson v. . R. R.Supreme Court of North Carolina · 1913
- Godwin v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1941
- Johnson v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1913
- Arrowood v. . R. R.Supreme Court of North Carolina · 1900
- Johnson Sons, Inc. v. . R. R.Supreme Court of North Carolina · 1938
22 more not listed; retrieve them via the Exa API.