Foot v. Railroad
Supreme Court of North Carolina
ActioN by Joseph Root and wife against Seaboard Air Line Railway, beard by Judge T. J.'Sbaw and a jury, at the March, Term, 1906, of the Superior Court of Halifax.
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ActioN by Joseph Root and wife against Seaboard Air Line Railway, beard by Judge T. J.'Sbaw and a jury, at the March, Term, 1906, of the Superior Court of Halifax. Under the charge of the Court the jury rendered the- following verdict upon the issues submitted: 1. Was the plaintiff Maria Root injured by the negligence of the defendant, as alleged in the complaint? Tes. 2. If so, was the negligence wanton and ’wilful, as alleged in the complaint? Yes. 3. Was the release set out in the answer procured by undue influence, as alleged in the complaint? Tes. 4. What damage, if any, is the plaintiff…
1Opinion of the CourtIToice, J.
The only exception urged upon our attention or insisted upon by the appellant is that the verdict of the jury *53on tbe first and second issues is contradictory or inconsistent to such a degree that no judgment can be entered thereon, and a new trial must be awarded, to the end that the rights of the parties may be properly determined — the position being that the answer to the first issue establishes a negligent, and, to the second, a wilful, actionable wrong, and that the two cannot coexist. The position may be sound under certain circumstances, but we do not think the facts bring the present…
2Cases cited2 opinions
- Louisville, New Albany & Chicago Railway Co. v. BryanIndiana Supreme Court · 1886
- Brendle v. . R. R.Supreme Court of North Carolina · 1899
3Cited by7 opinions
- Foster v. . HymanSupreme Court of North Carolina · 1929
- Ballew v. Asheville & East Tennessee RailroadSupreme Court of North Carolina · 1923
- Braxton v. . MatthewsSupreme Court of North Carolina · 1930
- Jones v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1909
- Stewart v. Cary Lumber Co.Supreme Court of North Carolina · 1907
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