Settee v. Charlotte Electric Railway Co.
Supreme Court of North Carolina
Appeal by plaintiff from Garter, J., at February Term, 1916, of MECKLENBURG. The plaintiff brought this action to recover damages for personal injuries alleged to have been caused by defendant’s negligence, which consisted in permitting an iron frog to be left in a street of Charlotte. Plaintiff, while walking on the street, stepped on the frog and her foot was caught in the same and she was injured.
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Appeal by plaintiff from Garter, J., at February Term, 1916, of MECKLENBURG. The plaintiff brought this action to recover damages for personal injuries alleged to have been caused by defendant’s negligence, which consisted in permitting an iron frog to be left in a street of Charlotte. Plaintiff, while walking on the street, stepped on the frog and her foot was caught in the same and she was injured. The case was here at the last term, and plaintiff then was granted a new trial. 170 N. C., 365. At the last trial the jury returned the following verdict: 1. Was the plaintiff injured by the…
1Opinion of the Court
Walkee, J.,
after stating the case: The precise question involved in the admission of the proof as to the testimony of W. W. Rhodes, a witness for the defendant at the former trial of this case, has never before been considered by this Court. But it is thoroughly well settled, as it seems, by the great weight of authority and numerous precedents that evidence of the kind is admissible when the witness is absent from the State and not within the jurisdiction of the court. We need not decide as to whether a temporary absence will render the evidence competent, as in this case it appears that the…
2Cases cited6 opinions
- Minneapolis Mill Co. v. Minneapolis & St. Louis Ry. Co.Supreme Court of Minnesota · 1892
- Smith v. . MooreSupreme Court of North Carolina · 1908
- Atchison, T. & S. F. Ry. Co. v. BakerSupreme Court of Oklahoma · 1913
- Dupree v. . Virginia Home Insurance Co.Supreme Court of North Carolina · 1885
- Gadsby v. . DyerSupreme Court of North Carolina · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. SmithSupreme Court of North Carolina · 1977
- State v. FoxSupreme Court of North Carolina · 1970
- State v. . HamSupreme Court of North Carolina · 1944
- State v. HamSupreme Court of North Carolina · 1944
- State v. PrinceSupreme Court of North Carolina · 1967
6 more not listed; retrieve them via the Exa API.