Powell v. Southern Railway Co.
Supreme Court of North Carolina
Civil AotioN for injuries resulting in the death of intestate, J ames E. Powell, alleged to have been caused by negli:gence of defendant, tried before Bowman, J., and a jury, at Fall Term, 1899, of the Superior Court of Bunios County. The defendant denied the allegations of negligence, and alleged contributory negligence. At the close of plaintiff’s evidence, the defendant moved to nonsuit the plaintiff. Motion refused, defendant excepted.
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Civil AotioN for injuries resulting in the death of intestate, J ames E. Powell, alleged to have been caused by negli:gence of defendant, tried before Bowman, J., and a jury, at Fall Term, 1899, of the Superior Court of Bunios County. The defendant denied the allegations of negligence, and alleged contributory negligence. At the close of plaintiff’s evidence, the defendant moved to nonsuit the plaintiff. Motion refused, defendant excepted. At the close of defendant’s evidence, the motion to non-suit was renewed, and was again refused. Defendant excepted. Issues. 1. Was the plaintiff’s…
1Opinion of the CourtCnARic, J.
There is no exception to evidence or. the charge. The sole exception is that the Court refused the defendant’s motion to withdraw the case from the jury, on the 'ground that there was no evidence. As the Constitution guarantees the right of trial by a jury of disputed issues of fact, if there is any evidence which in any reasonable aspect would support the verdict, the cause must be submitted to the triers of fact, subject to the discretion of the Judge to set the verdict aside, if in his opinion not justified by the evidence. Dunn v. Railroad, 124 N. C., 252; Cox v. Railroad, 123 N. C., 606;…
2Cases cited10 opinions
- Russell v. Carolina Central R. R.Supreme Court of North Carolina · 1896
- Purnell v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1898
- State v. . KigerSupreme Court of North Carolina · 1894
- Hinkle v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
- Randall v. Richmond & Danville RailroadSupreme Court of North Carolina · 1889
5 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Ball v. GussenhovenMontana Supreme Court · 1904
- Arrowood v. . R. R.Supreme Court of North Carolina · 1900
- Cummings v. Helena & Livingston Smelting & Reduction Co.Montana Supreme Court · 1902
- Shepherd v. North Carolina RailroadSupreme Court of North Carolina · 1913
- Clegg v. Southern Railway Co.Supreme Court of North Carolina · 1903
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