Newton v. . Texas Co.
Supreme Court of North Carolina
Appeal by defendant from Shaw, J., at April Term, 1920, of G-uilpobd. Tbe plaintiff sued to recover damages for injuries sustained from an explosion on defendant’s premises, in tbe city of Greensboro, on 3 May, 1919, it being tbe same explosion described in Stone v. The Texas Go., decided at this term.
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Appeal by defendant from Shaw, J., at April Term, 1920, of G-uilpobd. Tbe plaintiff sued to recover damages for injuries sustained from an explosion on defendant’s premises, in tbe city of Greensboro, on 3 May, 1919, it being tbe same explosion described in Stone v. The Texas Go., decided at this term. Nearly all of tbe questions now raised were passed upon in tbat case, tbe only practical difference between tbe two cases being tbat there was evidence in this case tbat defendant bad applied for and obtained a license to conduct-business at its plant in tbe city. Tbe jury rendered a verdict…
1Opinion of the Court
"WaleeR, J.,
after stating tbe case: We will consider tbe assignments of error in tbe order of their statement in tbe record.
Tbe first and third assignments, to the refusal of a nonsuit, are over-ruléd, as there was sufficient evidence for the jury to consider as to defendant’s negligence. Assignment No. 2 is untenable, as the postcard received the day after the explosion, containing the words, “New Year’s eve, then the explosion,” was incompetent, hearsay, and irrelevant, and no part of the res gestae. The judge properly excluded it. The court gave the instruction set forth in the fourth…
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- Ridge v. Norfolk Southern RailroadSupreme Court of North Carolina · 1914
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