Perry v. Western North Carolina Railroad
Supreme Court of North Carolina
ActioN b,y J. A. Perry, administrator, against the Western North Carolina Eailroad Company, heard by Judge M. il. Justice and a jury, at August Term, 1901, of the Superior Court of BueKb County. T. A. Simpson, a juror, was challenged by plaintiff because he was related to E. E. Simpson, conductor of the train which killed plaintiffs intestate, E. E. Simpson being a witness for the defendant. The Court, in its discretion, excused the juror, to which defendant excepted.
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ActioN b,y J. A. Perry, administrator, against the Western North Carolina Eailroad Company, heard by Judge M. il. Justice and a jury, at August Term, 1901, of the Superior Court of BueKb County. T. A. Simpson, a juror, was challenged by plaintiff because he was related to E. E. Simpson, conductor of the train which killed plaintiffs intestate, E. E. Simpson being a witness for the defendant. The Court, in its discretion, excused the juror, to which defendant excepted. Prom a judgment-for the plaintiff, the defendant appealed.
1Opinion of the Court
MONTGOMERY and COOK, J. J., dissenting. T. A. Simpson, a juror, was challenged by plaintiff because he was related to R. E. Simpson, conductor of the train which killed plaintiff's intestate, R. E. Simpson being a witness for the defendant. The Court, in its discretion, excused the juror, to which defendant excepted. From a judgment for the plaintiff, the defendant appealed. This case was before us at the last term of this Court, being reported in 128 N.C. 471. The questions there decided remain the law of the case, and can not be reheard under the form of a second appeal. Pretzfelder v.Ins.…
2Cases cited13 opinions
- Aycock v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1883
- Norton v. North Carolina RailroadSupreme Court of North Carolina · 1898
- Pretzfelder v. Merchants Insurance Co. of NewarkSupreme Court of North Carolina · 1898
- Logan v. North Carolina RailroadSupreme Court of North Carolina · 1895
- Tillett v. Norfolk & Western R. R.Supreme Court of North Carolina · 1896
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- Britt v. Carolina Northern RailroadSupreme Court of North Carolina · 1908
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- Williams v. Randolph & Cumberland Railway Co.Supreme Court of North Carolina · 1921
- Holley v. Smith.Supreme Court of North Carolina · 1903
- Williams v. . R. R.Supreme Court of North Carolina · 1921
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