Denmark v. Atlantic & North Carolina Railroad
Supreme Court of North Carolina
This was a civil ACTION, tried at January Term, 1890, of the Superior Court of WayNe County, before Whitaker, J. The counsel for the defendant tendered the following issues: “1. Were the plaintiff’s injuries caused by the negligent running of defendant’s engine? “2. Was there contributory negligence on the part of the plaintiff? “3. What damages is the plaintiff entitled to recover?” The Judge who presided declined to submit those proffered; and substituted, instead of them,…
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This was a civil ACTION, tried at January Term, 1890, of the Superior Court of WayNe County, before Whitaker, J. The counsel for the defendant tendered the following issues: “1. Were the plaintiff’s injuries caused by the negligent running of defendant’s engine? “2. Was there contributory negligence on the part of the plaintiff? “3. What damages is the plaintiff entitled to recover?” The Judge who presided declined to submit those proffered; and substituted, instead of them, a single issue, which, with response of the jury to it, is as follows: “What damages, if any, is the plaintiff entitled…
1Opinion of the CourtA very, J.
after stating the facts: When the Judge who tries an action assumes the responsibility of settling the issues, he finds that this Court, in construing the statute, has laid down three rules for his guidance:
1. Only issues of fact raised by the pleadings must be submitted to the jury.
2. The verdict, whether in response to one or many issues, must establish facts sufficient to enable the Court to proceed to judgment.
3. Of the issues raised by the pleadings, the Judge who tries the case may, in his discretion, submit one or many, provided that neither of the parties to the action is denied the…
2Cases cited6 opinions
- Emery v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1889
- People Ex Rel. Attorney General Ex Rel. Boyer v. TeagueSupreme Court of North Carolina · 1890
- Bonds v. . SmithSupreme Court of North Carolina · 1890
- Rudasill v. . FallsSupreme Court of North Carolina · 1885
- McAdoo v. Richmond & Danville RailroadSupreme Court of North Carolina · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Hunt v. EureSupreme Court of North Carolina · 1925
- Tucker v. . SatterthwaiteSupreme Court of North Carolina · 1897
- Bogan v. Carolina Central RailroadSupreme Court of North Carolina · 1901
- Patterson v. . MillsSupreme Court of North Carolina · 1897
- Willis v. Atlantic & Danville RailroadSupreme Court of North Carolina · 1898
40 more not listed; retrieve them via the Exa API.