Bowen v. . Whitaker
Supreme Court of North Carolina
Civil ACTION, tried before Shipp, Judge, and a jury, at Fall Term, 1884, of HENDERSON Superior Court. It appears in the record that no distinct issues were eliminated and submitted to the jury, but only “that the jury find all issues in favor of the plaintiff, and assess his damages at $250.” There was a judgment for the plaintiff on this verdict, and the defendant appealed.
1Opinion of the CourtMerjkiMON, J.
It must be obvious to every intelligent lawyer that it is of great importance that the issues of fact raised by the pleadings in an action at law shall be thoroughly and accurately tried. It is quite as manifest that this cannot be done unless the issues shall be presented distinctly and with precision. This is especially necessary where the issues are to be tried by a jury. Juries are generally composed of plain, sensible, intelligent men, unaccustomed to draw nice distinctions in the course of the investigation of facts, or to keep in their minds clear and steady perceptions of issues…
2Cited by8 opinions
- Denmark v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1890
- Hatcher v. Dabbs.Supreme Court of North Carolina · 1903
- Euliss v. . McAdamsSupreme Court of North Carolina · 1891
- Baker v. MALAN CONSTRUCTION CORPORATIONSupreme Court of North Carolina · 1961
- Braswell v. . JohnstonSupreme Court of North Carolina · 1891
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