Boon v. . Murphy
Supreme Court of North Carolina
Action for damages for alleged malpractice of defendant (a physician), tried before MacRae, J, at September Term, 1890, of Alamance Superior Court. There was no exception to the testimony, and no request for specific instructions.
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Action for damages for alleged malpractice of defendant (a physician), tried before MacRae, J, at September Term, 1890, of Alamance Superior Court. There was no exception to the testimony, and no request for specific instructions. The presiding Judge did not repeat the testimony, nor did he recapitulate it further than will appear by the charge, nor was there any request that the Judge should recapitulate the evidence, either before the charge was read to the jury or afterwards. The Court charged as follows: “ This action is brought for the purpose of recovering damages for the alleged…
1Opinion of the Court
fiT.A-R.-R-, J.
after stating the case: As to the exception that the Judge did not repeat the testimony nor recapitulate it beyond the summary of it which appears in the charge, the precedents are ample that this is not error, unless the appellant had requested the recital in full of the testimony or of such parts as he deemed material, and which had been omitted by the Court. The law is so stated by Taylor, C. J., in State v. Morris, 3 Hawks., 388, and approved by Henderson, C. J., and Ruffin, J., in State v. Lipsey, 14 N. C., (3 Dev.) 486, where it is again held “ the Judge is not bound to…
2Cases cited6 opinions
- State v. . BradySupreme Court of North Carolina · 1890
- Lowe v. . ElliottSupreme Court of North Carolina · 1890
- State v. . PritchettSupreme Court of North Carolina · 1890
- State v. . BoyleSupreme Court of North Carolina · 1889
- Willey v. Norfolk Southern RailroadSupreme Court of North Carolina · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Simmons v. Davenport.Supreme Court of North Carolina · 1906
- Patterson v. . MillsSupreme Court of North Carolina · 1897
- Sweeney v. ErvingDistrict of Columbia Court of Appeals · 1910
- State v. . UsserySupreme Court of North Carolina · 1896
- State v. . KinsaulsSupreme Court of North Carolina · 1900
29 more not listed; retrieve them via the Exa API.