Tillett v. Norfolk & Western R. R.
Supreme Court of North Carolina
Civil action, tried before his Honor, Judge Starlmch, at the November Term, 1895, of the Superior Court of PERSON County, upon the issues directed by the Supreme Court in this case, as will appear from the record, and the opinion of the Court reported in 115 N. C. Report, page 662, and in 116 N. C., page 937. After the jury was empanelled, the defendant’s counsel tendered the following issues : “3. Wás the plaintiff rightfully on the train of the defendant, the Norfolk &…
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Civil action, tried before his Honor, Judge Starlmch, at the November Term, 1895, of the Superior Court of PERSON County, upon the issues directed by the Supreme Court in this case, as will appear from the record, and the opinion of the Court reported in 115 N. C. Report, page 662, and in 116 N. C., page 937. After the jury was empanelled, the defendant’s counsel tendered the following issues : “3. Wás the plaintiff rightfully on the train of the defendant, the Norfolk & Western Railroad Company ? “4. Was the plaintiff injured by the negligence of the said defendant, the Norfolk & Western…
1Opinion of the Court
Avery, J.:
There was no error in refusing to submit the issues tendered by the defendant. Those framed by the court involved the only questions left open for trial. Tillett v. Railroad, 115 N. C., 662. In the exercise of a sound discretion the court was at liberty to allow thejnry to pass upon the specific question whether the plaintiff was rightfully on the car, but the right of the plaintiff to board the car must have been proven necessarily in order to make out a prima facie case of negligence on the part of the defendant, and thus all of the controversy still left open might have been…
2Cases cited9 opinions
- Deans v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Tillett v. Lynchburg & Durham RailroadSupreme Court of North Carolina · 1894
- Logan v. North Carolina RailroadSupreme Court of North Carolina · 1895
- Russell v. Town of MonroeSupreme Court of North Carolina · 1895
- Daniel v. Petersburg RailroadSupreme Court of North Carolina · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Marks v. Cotton Mills.Supreme Court of North Carolina · 1904
- Benton v. North Carolina RailroadSupreme Court of North Carolina · 1898
- Mulford v. Cotton States Hotel Co.Supreme Court of North Carolina · 1938
- Daniel v. . R. R.Supreme Court of North Carolina · 1895
- Peterson v. RailroadSupreme Court of North Carolina · 1906
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