Legal Opinion

Battle v. . Cleave

Supreme Court of North Carolina

Decided December 20, 1919PublishedCited by 18 opinions

Civil actioN, tried before McElroy, J., and a jury, at May Term, 1919, of JaousoN. The action is to recover damages for physical injuries caused by negligence of defendants in the equipment and operation of the railroad of defendant company. There was denial of liability and plea of contributory negligence on part of plaintiff, and, on issues so raised, verdict for plaintiff. Judgment on verdict, and defendant excepted and appealed.

1Opinion of the CourtHoke, J.

The facts in evidence appearing from plaintiff’s own testimony, the only witness examined, tend to show that in June, 1918, in the employment of defendants as log scaler, he was out at one of the camps, several miles from the plant or central station at Crestmont; that the superintendent of the logging force, a Mr. Heatherby, had come out to the camp over the company’s road on a lever or push car, the car having just been repaired, and, when they were ready, the two put the ear back on the track and started on their return to Crestmont. Soon after starting the two front wheels of the car…

2Cases cited8 opinions

  1. Russell v. Carolina Central R. R.Supreme Court of North Carolina · 1896
  2. Dunnevant v. Southern Railway Co.Supreme Court of North Carolina · 1914
  3. Strickland v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1908
  4. Overcash v. Charlotte Electric Railway Light & Power Co.Supreme Court of North Carolina · 1907
  5. House v. Seaboard Air Line RailroadSupreme Court of North Carolina · 1902

3 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Williams v. Carolina Power & Light Co.Supreme Court of North Carolina · 1979
  2. Bundy v. . PowellSupreme Court of North Carolina · 1949
  3. Godwin v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1941
  4. Williams v. Frederickson Motor Express Lines, Inc.Supreme Court of North Carolina · 1930
  5. Beck v. HooksSupreme Court of North Carolina · 1940

13 more not listed; retrieve them via the Exa API.

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