Ward Ex Rel. Ward v. Odell Manufacturing Co.
Supreme Court of North Carolina
Civil ActioN for damages for alleged negligence resulting in occasioning tbe loss of an. eye of the plaintiff,' a child under 12 years of age, in employment of defendant company, tried before Shorn, J., at February Term, 1899, of Iredell Superior Court. . The jury found the issues in favor of plaintiff and assessed his damages at $1,000. Judgment accordingly. Appeal by defendant. Justice Furches,, having been counsel in the cause, did not sit on the hearing of the appeal.
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Civil ActioN for damages for alleged negligence resulting in occasioning tbe loss of an. eye of the plaintiff,' a child under 12 years of age, in employment of defendant company, tried before Shorn, J., at February Term, 1899, of Iredell Superior Court. . The jury found the issues in favor of plaintiff and assessed his damages at $1,000. Judgment accordingly. Appeal by defendant. Justice Furches,, having been counsel in the cause, did not sit on the hearing of the appeal. The Court being equally divided in opinion, the judgment for that reason stands, but not as a precedent. The case was…
1Opinion of the Court
FURCHES, J., did not sit. Justice Furches, having been counsel in the cause, did not sit on the hearing of the appeal. The Court being equally divided in opinion, the judgment for that reason stands, but not as a precedent.
The case was heretofore before the Court, and new trial granted. Reported in 123 N.C. 248. Mr. Justice Furches having been of counsel does not sit, and the Court being equally divided, the judgment below is affirmed. Boone v. Peebles,ante, 824, and cases there cited.
The only error found by the two members of the Court who favor a new trial, is the following instruction: "If…
2Cases cited2 opinions
- State v. . BoonSupreme Court of North Carolina · 1880
- Ward v. Odell Manufacturing Co.Supreme Court of North Carolina · 1898
3Cited by12 opinions
- Brotherhood of Railway & Steamship Clerks, Freight Handlers, Express & Station Employes v. AllenSupreme Court of the United States · 1963
- Rolin v. . Tobacco Co.Supreme Court of North Carolina · 1906
- Evans Ex Rel. Pendleton v. Dare Lumber Co.Supreme Court of North Carolina · 1917
- Miller v. Bank of WashingtonSupreme Court of North Carolina · 1918
- Fitzgerald v. Alma Furniture Co.Supreme Court of North Carolina · 1902
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