Cooper ex rel. Crawford v. Southern Railway Co.
Supreme Court of North Carolina
Appeal by defendant from Long, Jat August Term, 1913, of Oabaeeus. ' Civil action for .wrongfully arresting and maliciously prosecuting tbe plaintiff, a boy at one time in tbe employ of tbe defendant railway company. A number, of issues were submitted, wbicb it is unnecessary to set out, as the case is to be tried again. There was a verdict and judgment for the plaintiff, and the defendants appealed.
1Opinion of the CourtBrown, J.
A number of unnecessary issues were submitted in this case. As the action is evidently one to recover damages for wrongfully arresting and maliciously prosecuting plaintiff, the fourth and fifth issues were unnecessary, and should not have been submitted.
It appears in evidence that the plaintiff, a boy of 16 years, was in the employ of the defendant railway as night supply boy at Spencer shops. The defendant Fuller was shop superintendent, and had charge of everything around the shops.
At the instance of Fuller and a local private policeman of the railway company, the plaintiff was charged…
2Cases cited3 opinions
- Sawyer v. RailroadSupreme Court of North Carolina · 1906
- West v. . Grocery Co.Supreme Court of North Carolina · 1905
- McNair v. . Comrs. of Buncombe CountySupreme Court of North Carolina · 1885
3Cited by3 opinions
- Cole v. . R. R.Supreme Court of North Carolina · 1937
- Cole v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1937
- Medlin v. County Board of EducationSupreme Court of North Carolina · 1914