Eley v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal by plaintiff from Peebles, J., at October Term, 19.13, Of HERTFORD. Tbis is an action to recover tbe value of certain goods alleged to bave been negligently destroyed by fire while in tbe warehouse of tbe defendant. Both parties introduced evidence, and his Honor rendered the following judgment: “By consent, a jury trial was expressly waived, and both law and fact submitted to the judge.
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Appeal by plaintiff from Peebles, J., at October Term, 19.13, Of HERTFORD. Tbis is an action to recover tbe value of certain goods alleged to bave been negligently destroyed by fire while in tbe warehouse of tbe defendant. Both parties introduced evidence, and his Honor rendered the following judgment: “By consent, a jury trial was expressly waived, and both law and fact submitted to the judge. It was admitted that defendant was not liable as common carrier, but solely as warehouseman, and the sole question of fact subjnitted is, ‘Did the defendant by its negligence cause the burning of its…
1Opinion of the CourtAlleN, J.
A jury trial being waived, the findings of fact by the judge are as conclusive as, the verdict of a jury, when there is evidence to support them (Matthews v. Fry, 143 N. C., 385); and in this case it cannot be said there was no evidence to support the findings, because the burden of proof was on the plaintiff to establish negligence, and his Honor had the right which a jury could have exercised, to say that the evidence of the plaintiff did not satisfy him that the defendant was negligent.
There was only one fact in controversy, negligence, and upon a finding upon this adverse to the…
2Cases cited1 opinion
- Matthews v. Fry.Supreme Court of North Carolina · 1906
3Cited by13 opinions
- Woodard v. MordecaiSupreme Court of North Carolina · 1951
- Town of Burnsville v. BooneSupreme Court of North Carolina · 1950
- State Ex Rel. Roebuck v. National Surety Co.Supreme Court of North Carolina · 1931
- Poole v. . GentrySupreme Court of North Carolina · 1948
- Mitchell v. BarfieldSupreme Court of North Carolina · 1950
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