Powers v. . City of Wilmington
Supreme Court of North Carolina
Appeal by plaintiff from Stacy, J., at the December Term, 1918, of New HaNoveR. This is an action against the city of 'Wilmington and W. H. McEachern and A. Gr. Warren to recover damages for personal injury caused, as the plaintiff alleges, by the negligence of the defendants. The plaintiff was injured on 9 September, 1916, by slipping and falling on the sidewalk on Front Street in Wilmington.
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Appeal by plaintiff from Stacy, J., at the December Term, 1918, of New HaNoveR. This is an action against the city of 'Wilmington and W. H. McEachern and A. Gr. Warren to recover damages for personal injury caused, as the plaintiff alleges, by the negligence of the defendants. The plaintiff was injured on 9 September, 1916, by slipping and falling on the sidewalk on Front Street in Wilmington. The jury returned the following verdict: 1. Was the plaintiff injured by the negligence of the defendant city of Wilmington as alleged in the complaint? “Yes.” 2. Was the plaintiff injured by the…
1Opinion of the CourtAllen, J.
The record is in a very unsatisfactory condition, and it illustrates the wisdom of the note of disapproval in Shives v. Cotton Mills, 151 N. C., 294, of the practice of setting aside a verdict for error in law and not in the exercise of a discretion.
In such cases the party in whose favor the verdict is returned is the appellant, and as he is interested in showing that no error was com mitted on the trial in order that be may be entitled to judgment on the verdict, the difficulty of securing a correct statement of case on appeal is greatly increased.
The right of appeal has been recognized in…
2Cases cited3 opinions
- In Re Will of SmithSupreme Court of North Carolina · 1913
- Shives v. Eno Cotton MillsSupreme Court of North Carolina · 1909
- Owens v. WrightSupreme Court of North Carolina · 1912
3Cited by14 opinions
- Rankin v. OatesSupreme Court of North Carolina · 1922
- Rankin v. . OatesSupreme Court of North Carolina · 1922
- In Re the Will of HerringCourt of Appeals of North Carolina · 1973
- Akin v. First National BankSupreme Court of North Carolina · 1947
- Likas v. LackeySupreme Court of North Carolina · 1923
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