Legal Opinion · Concurrence

Ferebee v. Norfolk Southern Railroad

Supreme Court of North Carolina

Decided November 11, 1914Published

Appeal by defendant from Cooke, J., at March. Term, 1914, of Waee, in an action for the recovery of damages for personal injuries.

1Concurrence

"Walker, J.,

concurring in result: The judge should have given the instruction requested by the defendant in regard to the interest of the plaintiff as a witness, without adding the qualifying clause, and without any reference to the correctness of the proposition as decided by this Court. The prayer was this: “As a party to this action, he has an interest in the outcome of such a character that it is your duty to scrutinize his evidence with care and to give due consideration to the fact that he is interested.” The court gave" this instruction, but added the following: “That is the extent of…

2Cases cited15 opinions

  1. In Re Will of SmithSupreme Court of North Carolina · 1913
  2. Smith v. Moore.Supreme Court of North Carolina · 1906
  3. S. v. . VannSupreme Court of North Carolina · 1913
  4. State v. . ByersSupreme Court of North Carolina · 1888
  5. Flynt v. . BodenhamerSupreme Court of North Carolina · 1879

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