Carter v. Railroad

This is a petition to rehear this cause disposed of at the last term, 138 N. C., 750. His Honor said to the jury among other things: “The court charges you as a matter of law, and it is so plain that there can be no mistake about it, that in this case, whenever an adult has been killed, no matter whether he was killed by an individual or a corporation, it is all the same, and his administrator brings suit, it is necessary for the administrator to show by affirmative evidence that the.net earnings of the deceased exceeded his expenditures, and unless he has done that, it is the duty of the…