Settee v. Charlotte Electric Railway Co.
Supreme Court of North Carolina
Appeal by defendant from Lane, J., at March Term, 1915, of Meck-LENBTJRG. Civil action. The plaintiff sued to recover damages for injuries alleged to have been caused by the negligence of defendant, the particular act of negligence being that defendant had carelessly left an iron frog in one of the streets of the city of Charlotte, and while plaintiff was walking along said street' her foot was caught in the frog, throwing her to the ground and greatly injuring her ankle and…
Read the full summary
Appeal by defendant from Lane, J., at March Term, 1915, of Meck-LENBTJRG. Civil action. The plaintiff sued to recover damages for injuries alleged to have been caused by the negligence of defendant, the particular act of negligence being that defendant had carelessly left an iron frog in one of the streets of the city of Charlotte, and while plaintiff was walking along said street' her foot was caught in the frog, throwing her to the ground and greatly injuring her ankle and foot. The jury returned the following verdict; 1. Was the plaintiff injured by the negligence of the defendant, as…
1Opinion of the Court
Walxee, J.,
after stating the case: It is not required of us that we should consider the motion for a new trial so far as it was based upon errors in law, for the presiding judge elected to set it aside in the exercise of his discretion, as he clearly had the power and right to do. He was not bound to grant the request of the defendant that he confine his order for the new trial to matters of law, no more than he would be compelled to do so if he had, upon full hearing and investigation, found as a fact that the verdict had actually been procured by fraud or other act of corruption. If he…
2Cases cited4 opinions
- Lewis v. . FountainSupreme Court of North Carolina · 1915
- Moore v. EdmistonSupreme Court of North Carolina · 1874
- Jarrett v. Trunk Company.Supreme Court of North Carolina · 1906
- State v. TilghmanSupreme Court of North Carolina · 1850
3Cited by30 opinions
- Worthington v. BynumSupreme Court of North Carolina · 1982
- Anderson v. HollifieldSupreme Court of North Carolina · 1997
- Rankin v. OatesSupreme Court of North Carolina · 1922
- Goodman v. . GoodmanSupreme Court of North Carolina · 1931
- Campbell v. Pitt County Memorial Hospital, Inc.Supreme Court of North Carolina · 1987
25 more not listed; retrieve them via the Exa API.