Houser Ex Rel. Oakes v. Bonsal
Supreme Court of North Carolina
ActioN to recover damages for personal injuries to plaintiff, caused by alleged negligence on part of defendants, tried before Jones, J., and a jury, June Term, 1908, of Anson. Plaintiff filed bis complaint and alleged that plaintiff bad been injured by tbe wrongful negligence of tbe defendants to bis damage $5,000. Defendants answered denying negligence on their part, alleging that tbe damage suffered, if any, was nowhere near tbe amount alleged.
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ActioN to recover damages for personal injuries to plaintiff, caused by alleged negligence on part of defendants, tried before Jones, J., and a jury, June Term, 1908, of Anson. Plaintiff filed bis complaint and alleged that plaintiff bad been injured by tbe wrongful negligence of tbe defendants to bis damage $5,000. Defendants answered denying negligence on their part, alleging that tbe damage suffered, if any, was nowhere near tbe amount alleged. Defendants further answered and averred that plaintiff, by bis next friend, Robert ITouser, who was father of plaintiff, bad instituted an action…
1Opinion of the Court
HoKb, J.,
after stating the case: In Duckworth v. Mull, 143 N. C., 461, it was held: that the clause in the Constitution which provided that “the General Assembly may give to Justices of the Peace jurisdiction of other civil actions, wherein the 'value of the property in controversy does not exceed fifty dollars”; and the statute, giving jurisdiction to Justices of the Peace in like terms, operates to confer upon said Justices jurisdiction concurrent with that of the Superior Court of all actions of tort, wherein the amount demanded in good faith for plaintiff’s injury did not exceed the sum…
2Cases cited9 opinions
- Carter v. . RountreeSupreme Court of North Carolina · 1891
- Tate v. . MottSupreme Court of North Carolina · 1887
- Fowler v. . PoorSupreme Court of North Carolina · 1885
- Smith v. . FortSupreme Court of North Carolina · 1890
- Duckworth v. Mull.Supreme Court of North Carolina · 1906
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Mottu v. Davis.Supreme Court of North Carolina · 1909
- Rector Ex Rel. Rector v. Laurel River Logging Co.Supreme Court of North Carolina · 1919
- Sewing Machine Co. v. . BurgerSupreme Court of North Carolina · 1921
- Menzel v. MenzelSupreme Court of North Carolina · 1959
- Woods v. QuarlesSupreme Court of Arkansas · 1929
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