Benton v. North Carolina Railroad
Supreme Court of North Carolina
Civil ACTION for damages for the alleged negligent killing of plaintiff’s intestate by the Southern Railway Company, the lessee of the defendant railroad company, tried before G-reene, J., and a jury at January Term, 1898, of MeckleNburg Superior Court. The defendant filed affidavits in support of a motion to remove the trial of the action to another county on account of local prejudice. No counter affidavits were filed. The motion was refused and defendant excepted.
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Civil ACTION for damages for the alleged negligent killing of plaintiff’s intestate by the Southern Railway Company, the lessee of the defendant railroad company, tried before G-reene, J., and a jury at January Term, 1898, of MeckleNburg Superior Court. The defendant filed affidavits in support of a motion to remove the trial of the action to another county on account of local prejudice. No counter affidavits were filed. The motion was refused and defendant excepted. The deceased was a postal route agent and was killed by the collision of trains operated by the defendant’s lessee. There was'a…
1Opinion of the Court
Clark, J.:
All the exceptions have been recently passed upon in the decisions of this Court, and it is only necessary to refer to them.
1. The refusal of the Judge to remove is not reviewable. The present statute forbids the Judge to remove a cause ‘ ‘unless he shall be satisfied that the ends of justice demand it,” and when he is not so satisfied by the affidavits offered it is immaterial that counter affidavits are not presented. State v. Smart, 121 N. C., 669; The Code, Sections 196, 197.
2. The court charged the jury as follows: “The measure of damages for loss of life of plaintiff’s…
2Cases cited13 opinions
- Aycock v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1883
- Pickett v. . R. R.Supreme Court of North Carolina · 1895
- Jeremiah M. Kesler v. . William A. SmithSupreme Court of North Carolina · 1872
- State v. . KigerSupreme Court of North Carolina · 1894
- Tillett v. Norfolk & Western R. R.Supreme Court of North Carolina · 1896
8 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Johnson v. . R. R.Supreme Court of North Carolina · 1913
- Johnson v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1913
- Carter v. RailroadSupreme Court of North Carolina · 1905
- Carpenter v. Asheville Power & Light Co.Supreme Court of North Carolina · 1926
- Strunks v. . PayneSupreme Court of North Carolina · 1922
26 more not listed; retrieve them via the Exa API.