Terry v. Danville, Mocksville & Southwestern Railroad
Supreme Court of North Carolina
Civil ActioN, tried at Fall Term, 1883, of Rockikgham Superior Court, before MacRae, J. This action was brought on a special contract for work and labor done on defendant’s road. The plaintiffs offered evidence of the following facts, which were not disputed, that the Midland railroad company, and the Danville, Mocksville and Southwestern railroad company were building railroads through the county ' of Rockingham.
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Civil ActioN, tried at Fall Term, 1883, of Rockikgham Superior Court, before MacRae, J. This action was brought on a special contract for work and labor done on defendant’s road. The plaintiffs offered evidence of the following facts, which were not disputed, that the Midland railroad company, and the Danville, Mocksville and Southwestern railroad company were building railroads through the county ' of Rockingham. The defendant’s road, being a narrow gauge, crossed the Midland road twice; and by an' agreement between the two companies the defendant was permitted by the Midland company to…
1Opinion of the CourtAshe, J.
Waiving for the present the question whether the defendant’s objections were made in apt time, the}' having neglected, before the case was submitted to the jury under the charge of His Honor, to call his attention to any of the points presented in these exceptions, we are unable to discover any error in the instructions given, which entitles the defendant to a venire de novo.
As to the first ground, of exception, that His Honor did' not instruct the jury as to the bearing of the written contract upon the issue, we are somewhat at a loss to- comprehend the import of the exception. If the…
2Cases cited2 opinions
- Lawton v. . GilesSupreme Court of North Carolina · 1884
- Robt. W. Glenn v. . the Charlotte S.C. R. R. Co.Supreme Court of North Carolina · 1869
3Cited by24 opinions
- McKinnon v. . MorrisonSupreme Court of North Carolina · 1889
- Evans v. Freeman.Supreme Court of North Carolina · 1906
- Cobb v. Clegg.Supreme Court of North Carolina · 1904
- Ray v. . BlackwellSupreme Court of North Carolina · 1886
- Basnight v. Southern Jobbing Co.Supreme Court of North Carolina · 1908
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