Massey v. North Carolina Railroad
Supreme Court of North Carolina
Appkal by defendant from Rountree, J., at September Term, 1914, of DURHAM. Civil action, tried upon these issues: 1. Is the plaintiff the duly qualified administratrix of Patrick H. Massey? Answer: “Yes.” 2. "Was the plaintiff’s intestate killed by the negligence of defendant’s lessee, as alleged in the complaint? Answer: “Yes.” 3. If so, did plaintiff’s intestate by negligence on Ms part contribute to Ms death? Answer: “No.” 4. What damages, if any, is the plaintiff…
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Appkal by defendant from Rountree, J., at September Term, 1914, of DURHAM. Civil action, tried upon these issues: 1. Is the plaintiff the duly qualified administratrix of Patrick H. Massey? Answer: “Yes.” 2. "Was the plaintiff’s intestate killed by the negligence of defendant’s lessee, as alleged in the complaint? Answer: “Yes.” 3. If so, did plaintiff’s intestate by negligence on Ms part contribute to Ms death? Answer: “No.” 4. What damages, if any, is the plaintiff entitled to recover ? Answer: “$9,750.” From the judgment rendered defendant appealed.
1Per curiam
The negligence of the defendant and its liability for damages is admitted. The only assignments of error relate to the refusal of his Honor to continue the case at the instance of the defendant, and to Ms Honor’s charge upon the question of damages. It is well settled that the continuance of the cause is within the sound discretion of the judge. We find nothing in this record denoting any abuse of such discretion. We have examined the charge of the court on the question of damages, and find it to be a correct expression of the law, as laid down by this Court in a number of cases. Burton v. R.…
2Cases cited5 opinions
- Benton v. North Carolina RailroadSupreme Court of North Carolina · 1898
- Ward v. North Carolina RailroadSupreme Court of North Carolina · 1912
- Mendenhall v. North Carolina RailroadSupreme Court of North Carolina · 1898
- Watson v. Seaboard Air Line RailroadSupreme Court of North Carolina · 1903
- Burton v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1880
3Cited by4 opinions
- Bryant v. WoodliefSupreme Court of North Carolina · 1960
- Gurley v. Southern Power Co.Supreme Court of North Carolina · 1916
- Davis v. Union Central Life InsuranceSupreme Court of North Carolina · 1929
- Gurley v. Southern Power Co.Supreme Court of North Carolina · 1916