Johnson v. Seaboard Air Line Railway Co.
Supreme Court of North Carolina
Appeal by defendant from Daniels, Jat July Term, 1913, of Lee. Tbe plaintiff alleged tbat on or about 1 September, 1910, be, a boy of about 12 years of age, was attempting to cross the 'track of the defendant railroad on Elm Street in Maxton, N. 0., at a public crossing.
Read the full summary
Appeal by defendant from Daniels, Jat July Term, 1913, of Lee. Tbe plaintiff alleged tbat on or about 1 September, 1910, be, a boy of about 12 years of age, was attempting to cross the 'track of the defendant railroad on Elm Street in Maxton, N. 0., at a public crossing. That the defendant was engaged in making what is known as a flying switch, and that it negligently ran over the plaintiff as he was crossing the defendant’s tracks oip said street; that his foot was injured by being run over, and that he was damaged in the sum of $20,000. The specifications of negligence in the complaint are…
1Opinion of the Court
Walker, J.,
after stating the case: The defendant’s motion for a nonsuit upon the evidence, and its request for a peremptory instruction to answer the issues in its favor, were both properly denied. The rule as to the treatment of the evidence upon such a question is not only very familiar, but has been stated in various ways so clearly and with so much repetition as to have become somewhat trite and even hackneyed. We must again say that we are not at liberty to select those portions of the testimony more favorable to a defendant, in such a case, than the rest and act upon it for his special…
2Cases cited40 opinions
- Russell v. Carolina Central R. R.Supreme Court of North Carolina · 1896
- Cooper v. RailroadSupreme Court of North Carolina · 1905
- Pickett v. . R. R.Supreme Court of North Carolina · 1895
- Norton v. North Carolina RailroadSupreme Court of North Carolina · 1898
- Wilkinson v. . DunbarSupreme Court of North Carolina · 1908
35 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Pokora v. Wabash Railway Co.Supreme Court of the United States · 1934
- Chisolm v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1922
- Pickett v. . R. R.Supreme Court of North Carolina · 1895
- Davis v. BoggsArizona Supreme Court · 1921
- West Construction Co. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1922
48 more not listed; retrieve them via the Exa API.