Owens v. Southern Railway Co.
Supreme Court of North Carolina
Civil action for damages for personal- injury tried before Robinson, J., and a jury at June Term, 1898, of Guilford Superior Court. Plaintiff offered evidence tending to prove that she was a passenger, on defendant’s train, and that while alighting at High Point from the platform, the train gave a sudden jerk, and she fell and was badly hurt.' The answer alleged contributory negligence, and defendant offered evidence tending to’prove it.
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Civil action for damages for personal- injury tried before Robinson, J., and a jury at June Term, 1898, of Guilford Superior Court. Plaintiff offered evidence tending to prove that she was a passenger, on defendant’s train, and that while alighting at High Point from the platform, the train gave a sudden jerk, and she fell and was badly hurt.' The answer alleged contributory negligence, and defendant offered evidence tending to’prove it. The jury responded “No” to the issue, as to whether the plaintiff by her negligence had contributed to her injury. Upon a poll of the jury, taken by leave of…
1Opinion of the Court
Clark, J.:
Any juror may dissent from a verdict, to which he has agreed in the jury room, at any time before it is received and entered up, and this is true even of a sealed verdict. Weeks v. Hart, 31 N. Y., 181; Root v. Sherwood, 6 Johns N. Y., 68; Rathbaner v. State, 22 Wis. 468; Bishop v. Mugler, 33 Kan., 145; 2 Thomp. Trials, Section 2635.
In the present case, the verdict was rendered as to the second issue (contributory negligence) “No.” Before it was entered and before the jury was discharged, the Court, at the request of defendant permitted them to be polled; whereupon one of the jurors…
2Cases cited2 opinions
- Bishop v. MuglerSupreme Court of Kansas · 1885
- Rothbauer v. StateWisconsin Supreme Court · 1868
3Cited by8 opinions
- Mattice v. Maryland Casualty Co.District Court, W.D. Washington · 1925
- American Craft Hosiery Corp. v. Damascus Hosiery Mills, Inc.District Court, W.D. North Carolina · 1983
- In Re SuggSupreme Court of North Carolina · 1927
- Norburn v. MacKieSupreme Court of North Carolina · 1965
- Smith v. Paul.Supreme Court of North Carolina · 1903
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