Shives v. Eno Cotton Mills
Supreme Court of North Carolina
Appeal from Long, J., May Term, 1909, of OraNge. Civil action for personal injury. These issues were submitted to the jury: 1. “Was tlie plaintiff injured by the negligence of the defendant, as alleged in the complaint?” . Answer : “Yes.” 2. “Did the plaintiff contribute to his injury by negligence on his part, as alleged in the answer?” Answer: “No.” 3. “What damages, if any, is plaintiff entitled to recover of defendant ?” Answer: “Damages, three thousand dollars.”
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Appeal from Long, J., May Term, 1909, of OraNge. Civil action for personal injury. These issues were submitted to the jury: 1. “Was tlie plaintiff injured by the negligence of the defendant, as alleged in the complaint?” . Answer : “Yes.” 2. “Did the plaintiff contribute to his injury by negligence on his part, as alleged in the answer?” Answer: “No.” 3. “What damages, if any, is plaintiff entitled to recover of defendant ?” Answer: “Damages, three thousand dollars.” The court refused to render a judgment- in favor of the plaintiff upon these issues. The defendant moved for a new trial, and…
1Opinion of the CourtBrown, J.
In entering a judgment non obstante veredicto for the defendant we think the learned judge below misconceived the usages and practice of the courts in respect to such judgments. At common law they were never rendered for a defendant.
The usual definition of a judgment non obstante is “a judgment. entered by order of the court for the plaintiff in an action at law, notwithstanding a verdict for the defendant.” 2 Tidd. Pr., 922; Rap. & L. Law Dict.; Black Law Dict.
At common law a judgment non obstante veredicto could be entered only when the plea confessed the cause of action and set up matters…
2Cases cited9 opinions
- Tanner v. Lumber Co.Supreme Court of North Carolina · 1906
- Grant v. Alabama Gold Life InsuranceSupreme Court of Georgia · 1886
- Heard v. C. & O. Railway Co.West Virginia Supreme Court · 1885
- McFerran v. McFerranIndiana Supreme Court · 1879
- Moye v. . PetwaySupreme Court of North Carolina · 1877
4 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Pigford v. . R. R.Supreme Court of North Carolina · 1912
- Crisp v. Champion Fibre Co.Supreme Court of North Carolina · 1927
- Smith v. . SmithSupreme Court of North Carolina · 1945
- Smith v. SmithSupreme Court of North Carolina · 1945
- Cook v. Manufacturing Co.Supreme Court of North Carolina · 1922
22 more not listed; retrieve them via the Exa API.