Weathers v. . Baldwin
Supreme Court of North Carolina
Appeal by plaintiff from Daniels, J., at September Term, 1921, of Durham. This action was brought by the plaintiff to recover for injuries alleged to have been inflicted upon him by the willful wrong of the defendant in driving her motor car against the plaintiff on the public streets of Apiex. Issues were submitted to the jury and verdict returned by them for $1,250, and judgment entered tbereon.
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Appeal by plaintiff from Daniels, J., at September Term, 1921, of Durham. This action was brought by the plaintiff to recover for injuries alleged to have been inflicted upon him by the willful wrong of the defendant in driving her motor car against the plaintiff on the public streets of Apiex. Issues were submitted to the jury and verdict returned by them for $1,250, and judgment entered tbereon. At a subsequent term, upon a motion of tbe defendant to set aside the verdict and judgment, the court refused to do so, but reduced the amount of the judgment to $1,000, and set aside the finding as…
1Opinion of the CourtWalker, J.
We have set forth, in the statement of the case, only the testimony of the plaintiff given in his own behalf, and that of one of his witnesses, as upon a motion to nonsuit the evidence introduced by the plaintiff must- be taken as true, and so considered with all reasonable inferences which may be drawn therefrom. Snider v. Newell, 132 N. C., 614; Brittain v. Westhall, 135 N. C., at 495; Biles v. R. R., 143 N. C., 79. If the testimony is thus construed, the case should have been submitted to a jury to find whether the defendant had not only wrongfully injured the plaintiff, as was done at a…
2Cases cited6 opinions
- Illinois Central Railroad v. LeinerIllinois Supreme Court · 1903
- Everett v. Receivers of Richmond & Danville RailroadSupreme Court of North Carolina · 1897
- East St. Louis Connecting Railway Co. v. O'HaraIllinois Supreme Court · 1894
- Jones v. BlandSupreme Court of North Carolina · 1921
- Snider v. Newell.Supreme Court of North Carolina · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- T. C. May Co. v. Menzies Shoe Co.Supreme Court of North Carolina · 1922
- Short v. . KaltmanSupreme Court of North Carolina · 1926
- Little v. . MilesSupreme Court of North Carolina · 1933