Herndon v. Southern Railway Co.
Supreme Court of North Carolina
Appeai, by plaintiff from Justice, J., at September Term, 1912, of Meoexenbueg. Civil- action tried upon these issues: 1. Was the feme plaintiff, Sallie R. Herndon, injured by the negligence of defendant, as alleged in the complaint ?' Answer: Yes. 2. What damages are the plaintiffs entitled to recover of the defendant ? Answer : $500. From the judgment rendered, plaintiff appealed.
1DissentClark, C. J.
The only assignment of error is directed to the charge of the court.
It must be admitted by any one who reads the charge in this case that it is a full, clear, and accurate statement of the law bearing upon each issue.
As each issue is found for plaintiff, it would seem that she has no reason to complain of the judge. If she was not awarded as large damages as she hoped for, it was evidently because the jury did not think she had sustained them. The charge upon the issue of damage was especially liberal to plaintiff, and permitted the jury to take into consideration every possible element of…
2Cases cited4 opinions
- Speight v. Seaboard Air Line RailwaySupreme Court of North Carolina · 1912
- Hill v. . SprinkleSupreme Court of North Carolina · 1877
- State v. GrahamSupreme Court of North Carolina · 1903
- Stimpson v. Union Pacific Railway Co.Utah Supreme Court · 1893
3Cited by13 opinions
- In Re Will of SmithSupreme Court of North Carolina · 1913
- Ferebee v. Norfolk Southern RailroadSupreme Court of North Carolina · 1914
- Massey v. . AlstonSupreme Court of North Carolina · 1917
- Styers v. Winston Coca-Cola Bottling Co.Supreme Court of North Carolina · 1954
- State v. MullisSupreme Court of North Carolina · 1951
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