Porter v. Western North Carolina Railroad
Supreme Court of North Carolina
Civil action, tried before Avery, Judge, and a jury, at August Term, 1886, of Buncombe Superior Court. The following is the single paragraph of the complaint that gives rise to the issues of fact and law that arise in this case. “ 3d.
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Civil action, tried before Avery, Judge, and a jury, at August Term, 1886, of Buncombe Superior Court. The following is the single paragraph of the complaint that gives rise to the issues of fact and law that arise in this case. “ 3d. That on or about the 5th day of May, 1883, one Daniel Donavin, the intestate of the plaintiff, was employed by, and in the service of, the defendant company, as a laborer and watchman at the Swannanoa Tunnel on said railroad, in connection with its business of operating said railroad; that while he was so employed, and duly engaged about his business and service…
1Opinion of the Court
Merrimon, J.,
(after stating the facts). It is true, as contended by the counsel of the appellant on the argument here, that the pleadings did not raise the fourth and fifth issues submitted to the jury in this case. It was therefore irregular to submit them, but it does not appear in the record that the appellant objected to them at the trial, or at all, in the Court below, nor is error assigned as to them, nor can error in such respect be assigned in this Court, as has been decided in many cases.
The verdict, in response to these issues, must be accepted and acted upon, for any proper purpose…
2Cases cited14 opinions
- Patton v. Western North Carolina RailroadSupreme Court of North Carolina · 1887
- Willis v. BranchSupreme Court of North Carolina · 1886
- Mitchell v. . BrownSupreme Court of North Carolina · 1883
- Pleasants v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1886
- Miller v. . MillerSupreme Court of North Carolina · 1883
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