Legal Opinion

Champion v. . Daniel

Supreme Court of North Carolina

Decided December 8, 1915PublishedCited by 10 opinions

Appeal by plaintiff from Harding, J., at August Term, 1915, of BlTTHEREORD. Civil action. Tbis action was brought to recover damages for the willful and wrongful burning of tbe plaintiff’s ginbouse, flour mill, dwelling-house and stock of merchandise. The jury returned a verdict in favor of the defendants, and from the judgment thereon plaintiff appealed.

1Opinion of the Court

"Walker, J.

"We need consider only one exception of the plaintiff. The judge, in varying forms, charged the jury that, before they could return a verdict for the plaintiff, the evidence being largely, though not altogether, circumstantial, he must, by evidence, fully satisfy them that the intestate of the defendants did burn the property as alleged. Sometimes he charged that the evidence must be clear, convincing and satisfactory, and again that it must satisfy them by its greater weight that the unlawful act was committed. When the learned judge charged that tbe law required of the plaintiff…

2Cases cited18 opinions

  1. Avery v. StewartSupreme Court of North Carolina · 1904
  2. Ely v. . EarlySupreme Court of North Carolina · 1886
  3. State v. Barrett.Supreme Court of North Carolina · 1903
  4. Edwards v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1903
  5. Harding v. . LongSupreme Court of North Carolina · 1889

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3Cited by10 opinions

  1. Templeton v. . KelleySupreme Court of North Carolina · 1940
  2. Tillett v. . R. R.Supreme Court of North Carolina · 1894
  3. Patterson v. . NicholsSupreme Court of North Carolina · 1911
  4. May v. . GroveSupreme Court of North Carolina · 1928
  5. Lea v. Southern Public Utilities Co.Supreme Court of North Carolina · 1918

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