Phifer v. Carolina Central Railway Co.
Supreme Court of North Carolina
Civil action tried before Coble, J., and a jury at Spring Term, 1897, of Anson Superior Court. The plaintiff was injured while working on a trestle for the defendant company. On the trial the plaintiff was asked whether he was “careful” while at work on the trestle and under objection was allowed to answer that he was. The jury rendered a verdict for the plaintiff assessing his damages at $5,000 and from the judgment thereon the defendant appealed.
1Opinion of the Court
Montgomery, J.:
This action was for damages on account of injuries which the plaintiff alleged that he had sustained by the negligence of the defendant while he was at work in building a trestle on its track. On his re-examihation, as a witness for himself, the plaintiff was asked “Were you careful?” Over the objection of the defendant the witness was allowed to answer the question, and he said that he was careful. Whether or not the testimony was competent raises a most important question of evidence and we have given to it the consideration it deserves.
It seems to us that whether the…
2Cases cited1 opinion
- Edwards v. . PhiferSupreme Court of North Carolina · 1897
3Cited by12 opinions
- Wilson v. Suncrest Lumber Co.Supreme Court of North Carolina · 1923
- Renn v. . R. R.Supreme Court of North Carolina · 1915
- United States v. StephensCourt of Appeals for the Ninth Circuit · 1934
- Steeley v. Dare Lumber Co.Supreme Court of North Carolina · 1914
- Bennett v. Southern Railway CompanySupreme Court of North Carolina · 1957
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