Legal Opinion

Jarrett v. Trunk Company.

Supreme Court of North Carolina

Decided October 30, 1906PublishedCited by 17 opinions

• AotioN by Causey Jarrett by bis next friend against High Point Trunk and Bag Company, beard by Judge G. S. Ferguson and a jury, at.tbe June Term, 1906, of the Superior Court of'GuiLKORD. Tbe action was brought to recover damages for injuries alleged to bave been caused by tbe negligence of tbe defendant while tbe plaintiff was working in its factory at High Point, as its employee.

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• AotioN by Causey Jarrett by bis next friend against High Point Trunk and Bag Company, beard by Judge G. S. Ferguson and a jury, at.tbe June Term, 1906, of the Superior Court of'GuiLKORD. Tbe action was brought to recover damages for injuries alleged to bave been caused by tbe negligence of tbe defendant while tbe plaintiff was working in its factory at High Point, as its employee. Tbe issues, with tbe answers of tbe jury thereto, are as follows: “1. Was tbe plaintiff injured by tbe negligence of tbe defendant, as alleged in tbe complaint? Ans.: Yes. 2. Did tbe plaintiff by bis own…

1Opinion of the Court

Walker, J.,

after stating tbe case: Tbe defendant’s counsel contended that tbe order of tbe Judge setting aside tbe verdict was improper because there was no apparent error in law committed at tbe trial, and it is not stated in tbe record whether or not it was made in tbe exercise of bis judicial discretion, and for this position they rely on tbe recent decision of this Court in Abernethy v. Yount, 138 N. C., 337. It is held in that case that tbe Judge, when he sets aside a verdict, should state whether or not it is done in tbe exercise of bis discretion; and, after mature reflection, we…

2Cases cited3 opinions

  1. Osborn v. Bank of United StatesSupreme Court of the United States · 1824
  2. Bird v. Bradburn.Supreme Court of North Carolina · 1902
  3. Abernethy v. Yount.Supreme Court of North Carolina · 1905

3Cited by17 opinions

  1. Clark v. ClarkSupreme Court of North Carolina · 1980
  2. Goodman v. . GoodmanSupreme Court of North Carolina · 1931
  3. State v. . SaulsSupreme Court of North Carolina · 1925
  4. Hensley v. McDowell Furniture Co.Supreme Court of North Carolina · 1913
  5. Settee v. Charlotte Electric Railway Co.Supreme Court of North Carolina · 1915

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