Henderson v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal by plaintiff from Garter, J., at July Term, 1912, of Onslow. Tbis is an action to recover damages for the alleged negligent killing of the intestate of the plaintiff. The defendant denied negligence, and alleged that the death of the intestate was caused by his own contributory negligence. At the conclusion of the evidence for the plaintiff his Honor rendered a judgment of nonsuit, and the plaintiff excepted and appealed.
1Opinion of the CourtAllen, J.
Tbe only question presented by tbis appeal is whether there is any evidence fit to be submitted to the jury, and in considering it we cannot weigh the evidence for the purpose of seeing if it satisfies us of the ultimate fact sought to be proved, nor can we exercise the power, committed by law to the jury, of saying which theory arising upon the evidence shall be adopted.
Our duty is performed when we determine whether there is any evidence worthy of consideration, and in its,performance we are not permitted to accept a view of the evidence favorable to the defendant, as a jury would have the…
2Cases cited3 opinions
- Southerland v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Clegg v. Southern Railway Co.Supreme Court of North Carolina · 1903
- Cobb v. . FogalmanSupreme Court of North Carolina · 1841
3Cited by32 opinions
- Redmon v. . R. R.Supreme Court of North Carolina · 1928
- Jenkins v. Leftwich Electric CompanySupreme Court of North Carolina · 1961
- Mercer v. PowellSupreme Court of North Carolina · 1940
- Cummings v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1940
- Harrison v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1915
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