Isley v. . Bridge Co.
Supreme Court of North Carolina
ActioN by Warren W. Isley against the Virginia Bridge and Iron Company, heard by Judge Ci. 8. Ferguson and a jury, at the May Term, 1906, of the Superior Court of Alamance. From the judgment rendered, both parties appealed.
1Opinion of the CourtBeown, J.
This cause was tried upon the issues submitted upon the first trial, and we refer to the former report for the facts (141 N. C., 221).
On the second trial the defendant requested the Court, to charge the jury: “If you find from the evidence that the link of the chain in evidence was not crystallized, then I charge you to answer the first issue 'No.5 ” Tlhe Court declined to give this sx^ecial instruction, and defendant excepted.
The only theory of negligence presented by the plaintiff was that the chain suspended from the trolley and used in moving heavy pieces of iron had not been occasionally…
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