Marcom v. Durham & Southern Railway Co.
Supreme Court of North Carolina
Appeal by defendant from OooTce. J., at May Special Term, 1912, of Wake. Civil action to recover for loss of services of a minor, attributed by plaintiff to tbe negligence of defendant company.
1Opinion of the CourtHoke, J.
It is a recognized rule-with us that in'-the trial of ■causes in the Superior Court, when material evidence has been introduced presenting or tending to present a definite .legal position or having definite legal value in reference to the issues or any of them, and a specific prayer for instruction concerning it is properly preferred which correctly states the law applicable, such prayer must be given, and unless this is substantially done either in direct response to the prayer or in the general or some other portion of the judge’s charge, the-failure will constitute reversible error. Irvin…
2Cases cited11 opinions
- Simmons v. Davenport.Supreme Court of North Carolina · 1906
- Hocutt v. Wilmington & Weldon R. R.Supreme Court of North Carolina · 1899
- Chaffin v. . Manufacturing Co.Supreme Court of North Carolina · 1904
- State v. . DunlopSupreme Court of North Carolina · 1871
- Chesson v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1896
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- In Re HintonSupreme Court of North Carolina · 1920
- Calhoun v. State Highway & Public Works CommissionSupreme Court of North Carolina · 1935
- State Ex Rel. Moseley v. JohnsonSupreme Court of North Carolina · 1907
- A. Collins Lumber Co. v. Kingsdale Lumber Co.Supreme Court of North Carolina · 1918
- Parks v. Security Life & Trust Co.Supreme Court of North Carolina · 1928
5 more not listed; retrieve them via the Exa API.