Legal Opinion

Gainesville & Alachua Hospital Ass'n v. Hobbs

Supreme Court of North Carolina

Decided October 12, 1910PublishedCited by 7 opinions

Appeal from Whedbee, Jat tbe August Term, 1910, of SAMPSON. At tbe close of tbe evidence tbe defendant railroad company .moved for judgment as of nonsuit. Motion allowed. Plaintiff excepted and appealed. Miss Hobbs, tbe defendant, offered as a witness by tbe plaintiff, testified as follows: “I live in Clinton. I was working at Hawthorne, Florida.

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Appeal from Whedbee, Jat tbe August Term, 1910, of SAMPSON. At tbe close of tbe evidence tbe defendant railroad company .moved for judgment as of nonsuit. Motion allowed. Plaintiff excepted and appealed. Miss Hobbs, tbe defendant, offered as a witness by tbe plaintiff, testified as follows: “I live in Clinton. I was working at Hawthorne, Florida. Dr. Bowman, medical examiner for defendant railroad, relief department, examined me and I passed, and tbis certificate and book showing tbe rules of tbe relief department, was banded to me in tbe regular course of tbe railroad mail. I was agent and…

1Opinion of the CourtManning, J.

The sole question presented by this appeal is whether the evidence, considered in the view most favorable to the plaintiff, is sufficient to be submitted to the jury to charge the defendant railroad company as an original promisor, upon an implied promise to pay the plaintiff the reasonable charges for the board and attention to Miss Hobbs. If not sufficient for this purpose, then the judgment of nonsuit should be sustained; and if sufficient, it should be reversed. It is too well settled to require the citation of sustaining authorities, that the statute of frauds “does not apply to the…

2Cases cited1 opinion

  1. Barden v. . R. R.Supreme Court of North Carolina · 1910

3Cited by7 opinions

  1. Peele v. PowellSupreme Court of North Carolina · 1911
  2. Jones-Onslow Land Co. v. WootenSupreme Court of North Carolina · 1919
  3. Whitehurst v. . PadgettSupreme Court of North Carolina · 1911
  4. Peele v. . PowellSupreme Court of North Carolina · 1911
  5. City of Charlotte v. AlexanderSupreme Court of North Carolina · 1917

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