Stout v. Valle Crucis, Shawneehaw & Elk Park Turnpike Co.
Supreme Court of North Carolina
Appeal from Long, J., at Spring Term, 1911, of Watauga. Tbis is an action to recover damages for tbe death of tbe plaintiff’s intestate, caused, as it is alleged, by tbe negligence of tbe defendant. 4 Tbe facts, showing tbe nature of tbe controversy, are fully stated in tbe opinion on tbe former appeal in tbe action, reported in 153 N. C., 514. Tbe jury rendered tbe following verdict: 1. Was the death of plaintiff’s intestate, W. A. Stout, caused by tbe negligence of tbe…
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Appeal from Long, J., at Spring Term, 1911, of Watauga. Tbis is an action to recover damages for tbe death of tbe plaintiff’s intestate, caused, as it is alleged, by tbe negligence of tbe defendant. 4 Tbe facts, showing tbe nature of tbe controversy, are fully stated in tbe opinion on tbe former appeal in tbe action, reported in 153 N. C., 514. Tbe jury rendered tbe following verdict: 1. Was the death of plaintiff’s intestate, W. A. Stout, caused by tbe negligence of tbe defendants, as alleged in the complaint ? Answer: Yes. 2. Did plaintiff’s intestate, W. A. Stout, contribute by his…
1Opinion of the CourtAllex, J.
The exception of the defendant cannot be sustained. There is a presumption in favor of the correctness of tbe ruling of bis Honor, and it is incumbent on the defendant to show that it was erroneous and prejudicial, which it has not done.
We cannot see from tbe record that tbe witness beard the deceased make any statement, or, if one was made, its materiality does not appear, and if a new trial should be ordered, the question might be answered in the negative.
In Knight v. Killebrew, 86 N. C., 402, the Court says: “It is a settled rule that error cannot be assigned in the ruling out of evidence,…
2Cases cited8 opinions
- State v. . McNairSupreme Court of North Carolina · 1885
- Sumner v. . CandlerSupreme Court of North Carolina · 1885
- Knight v. . KillebrewSupreme Court of North Carolina · 1882
- Bland v. . O'HaganSupreme Court of North Carolina · 1870
- State v. . RhyneSupreme Court of North Carolina · 1891
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3Cited by7 opinions
- State v. PoolosSupreme Court of North Carolina · 1955
- McCullock v. North Carolina RailroadSupreme Court of North Carolina · 1907
- Newbern v. . HintonSupreme Court of North Carolina · 1925
- Lynch v. Carolina Veneer Co.Supreme Court of North Carolina · 1915
- Gorham v. Southern Railway Co.Supreme Court of North Carolina · 1912
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