Wade Ex Rel. Moore v. McLean Contracting Co.
Supreme Court of North Carolina
ActioN, tried before W. R. Allen, and a jury, Spring Term, 1908, of Carteret, to recover damages 'for personal injuries, caused by alleged negligence of defendant company. There ivas evidence to show that plaintiff, nineteen years of age, employed chiefly to keep the books of defendant company, and do other work, was called upon by Air.
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ActioN, tried before W. R. Allen, and a jury, Spring Term, 1908, of Carteret, to recover damages 'for personal injuries, caused by alleged negligence of defendant company. There ivas evidence to show that plaintiff, nineteen years of age, employed chiefly to keep the books of defendant company, and do other work, was called upon by Air. Crow, Avho ivas directing the work at the time for defendant company, to assist in raising a pile-driver, and this by working some jackscrews a few feet apart, and placed under tAAro heavy pieces of timber, twenty-fora1 feet in length, one end of the pieces…
1Opinion of the Court
1 lo k n, J.,
after stating the case: In Sawyer v. R. R., 115 N. C., 24, the approved rule in reference to the admission of excerpts from pleadings by way of admission, is stated as follows:
“It is competent for the plaintiff to put in evidence a portion of the answer containing an allegation or admission of a distinct or separate fact relevant to the inquiry, though it is only a part of an entire paragraph, without introducing qualifying or explanatory matter, inserted by way of defense, which does not modify or alter the fact alleged.” And its correct application here sustains the ruling of…
2Cases cited1 opinion
- Ulman v. . MacESupreme Court of North Carolina · 1894
3Cited by30 opinions
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- Jones v. Norfolk Southern RailroadSupreme Court of North Carolina · 1918
- Newton v. . Texas Co.Supreme Court of North Carolina · 1920
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