Cooper v. Seaboard Air Line Railroad
Supreme Court of North Carolina
Appeal by defendant from Adams, J., at February Term, 1913, Of Cl-IATHAM. Tbis is an action to recover damages for personal injury, caused, as tbe plaintiff alleges, by tbe negligence of tbe defendant. There was a verdict and judgment for tbe plaintiff, and tbe defendant appealed.
1Opinion of the CourtAlleh, J.
Tbe principal exception relied on is to tbe admission of certain -evidence of Dr. Fartbing, an expert witness, wbicb was important to tbe plaintiff, and wbicb was withdrawn by tbe court from tbe consideration of tbe jury, tbe defendant contending that although withdrawn from tbe jury, its impression upon tbe minds of tbe jurors remained and affected their verdict.
Tbe authorities are all to tbe effect that it was not only within tbe power, but that it was tbe duty of tbe judge to withdraw evidence, which be concluded bad been improperly admitted (Gilbert v. James, 86 N. C., 248; Bridges v.…
2Cases cited5 opinions
- Grand Rapids & Indiana Railroad v. HuntleyMichigan Supreme Court · 1878
- Chesapeake & Ohio Ry. Co. v. WileyCourt of Appeals of Kentucky · 1909
- Witherington v. Herring.Supreme Court of North Carolina · 1906
- Gilbert v. . JamesSupreme Court of North Carolina · 1882
- Bullard v. Edwards.Supreme Court of North Carolina · 1906
3Cited by11 opinions
- State v. . RaySupreme Court of North Carolina · 1938
- Bagwell v. . R. R.Supreme Court of North Carolina · 1914
- Stein v. . LevinsSupreme Court of North Carolina · 1933
- In Re Will of YelvertonSupreme Court of North Carolina · 1930
- Bagwell v. Southern Railway Co.Supreme Court of North Carolina · 1914
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