Kearns v. Railroad
Supreme Court of North Carolina
ActioN by Alexander Kearns against Southern Railway Co., heard by Judge B. F. Long and a jury, at the August Term, 1905, of the Superior Court.of Davidson County. This action was commenced on December 7, 1904, to recover damages for an injury alleged to have been, received by plaintiff on August 17, 1902, by coming in contact with a train of the defendant at Thomasville.
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ActioN by Alexander Kearns against Southern Railway Co., heard by Judge B. F. Long and a jury, at the August Term, 1905, of the Superior Court.of Davidson County. This action was commenced on December 7, 1904, to recover damages for an injury alleged to have been, received by plaintiff on August 17, 1902, by coming in contact with a train of the defendant at Thomasville. At the conclusion of the evidence, His Honor, Judge Long, being of opinion that the plaintiff had failed to make out a case of actionable negligence, sustained defendant’s motion to nonsuit, and dismissed the action. The…
1Opinion of the Court
HOKE, J., and CLARK, C. J., dissenting. The duty of the judge to nonsuit when the evidence is not legally sufficient to justify a verdict for the plaintiff, is too well settled to admit of dispute. It is the law in this State, long since declared by this Court and recognized by the General Assembly. It is also the rule of practice in every court where the practice and principles of the common law prevail.
"We would be recreant to our duties as judges were we to fail to declare the law with respect to the question whether there is any evidence for fear of offending the jury. This question the…
2Cases cited2 opinions
- State v. . VinsonSupreme Court of North Carolina · 1869
- Brown v. . KinseySupreme Court of North Carolina · 1879
3Cited by7 opinions
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- Rogers v. Rio Grande Western Ry. Co.Utah Supreme Court · 1907
- Rush v. McPhersonSupreme Court of North Carolina · 1918
- Kernodle v. . Telegraph Co.Supreme Court of North Carolina · 1906
- Rush v. . McPhersonSupreme Court of North Carolina · 1918
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