Boing v. Raleigh & Gaston Railroad
Supreme Court of North Carolina
Civil Action tried, on appeal from a Justice’s judgment, at July Special Term, 1882, of Vance Superior Court, before Graves, J. This action was to recover damages for injury to live stock, to wit, one cow of the value of twenty dollars. This action was tried before the justice under the provisions of section 10, chapter 16, of Battle’s Revisal.
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Civil Action tried, on appeal from a Justice’s judgment, at July Special Term, 1882, of Vance Superior Court, before Graves, J. This action was to recover damages for injury to live stock, to wit, one cow of the value of twenty dollars. This action was tried before the justice under the provisions of section 10, chapter 16, of Battle’s Revisal. Two freeholders were summoned and sworn by the justice to ascertain the damages, who assessed the same at twenty dollars, and the justice thereupon rendered .judgment against the defendantfor that amount, from which judgment the appeal was taken. The…
1Opinion of the CourtAshe, J.
The opinion intimated by Plis Honor, we think, was manifestly erroneous. The evidence offered was competent, or it was not. If not competent, it should have been withdrawn from the jury; but if competent and any evidence of the matter in issue, then it was an invasion of the province of the jury for the court to express an opinion as to its effect.
The line of distinction between what is a scintilla, or, what is the same thing, no evidence, and sufficient evidence, is so narrow that it is often very difficult for a court to decide upon which side of the line the testimony falls.
There is no…
2Cases cited3 opinions
- Boyett v. . VaughanSupreme Court of North Carolina · 1881
- Allen v. . JacksonSupreme Court of North Carolina · 1882
- Nance v. Carolina Central Railway Co.Supreme Court of North Carolina · 1877
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- McMillan v. . ReevesSupreme Court of North Carolina · 1889
- Jones v. . BobbittSupreme Court of North Carolina · 1884
- Jones v. Commissioners of FranklinSupreme Court of North Carolina · 1883
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