Legal Opinion

Rushing v. Seaboard Air Line Railway Co.

Supreme Court of North Carolina

Decided November 19, 1908Published

Defendant’s Appeal. ActioN tried before Jones, J., and a jury, June Term, 1908, of ANSON. Both sides appealed. DEFENDANT'S APPEAL. PLAINTIFF'S APPEAL.

1Opinion

The court instructed the jury: "Whatever you (162) may allow, if you do allow damages, is the end of it. He could not sue any more if his pain and suffering were to go on. The doctor says that the injury is not permanent. The presumption is that it is ended. If you allow damages, therefore, you will not allow for any pain, or suffering, or diminished capacity for labor beyond the present. Your inquiry as to damages will not extend to the future, but shall be limited to such damages as he has sustained up to the present moment." The plaintiff's exception to this must be sustained. There was…

2Cases cited11 opinions

  1. Ridge v. Norfolk Southern RailroadSupreme Court of North Carolina · 1914
  2. Benton v. . CollinsSupreme Court of North Carolina · 1899
  3. Wallace v. Western N. C. RailroadSupreme Court of North Carolina · 1889
  4. Murdock v. Carolina, Clinchfield & Ohio RailroadSupreme Court of North Carolina · 1912
  5. Nathan v. Charlotte Street Railway Co.Supreme Court of North Carolina · 1896

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