Legal Opinion

Mintz v. Atlantic Coast Line Railroad

Supreme Court of North Carolina

Decided August 22, 1952No. 600PublishedCited by 22 opinions

Appeal by defendant from Sharp, Special Judge, and a jury, at October Term, 1951, of Brunswioe:. Oivil action by clerical employee of a railroad to recover damages of ber employer for personal injuries allegedly suffered by ber in tbe performance of the duties of ber employment as tbe result of slipping and falling upon an ill-lighted, slick and unstable spiral stairway in an office building of ber employer at Wilmington, North Carolina.

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Appeal by defendant from Sharp, Special Judge, and a jury, at October Term, 1951, of Brunswioe:. Oivil action by clerical employee of a railroad to recover damages of ber employer for personal injuries allegedly suffered by ber in tbe performance of the duties of ber employment as tbe result of slipping and falling upon an ill-lighted, slick and unstable spiral stairway in an office building of ber employer at Wilmington, North Carolina. Tbe complaint sets forth in specific detail factual averments warranting tbe conclusion that tbe plaintiff, Mary Lou Mintz, sustained disabling and permanent…

1Opinion of the CourtEnviN, J.

The defendant makes these assertions by its assignments of error:

1. That the court erred in refusing to dismiss the action upon a compulsory nonsuit. G.S. 1-183.

2. That the court erred in the admission of testimony offered by plaintiff.

3. That the court erred in the exclusion of testimony offered by defendant.

4. That the court erred in its instructions to the jury.

Counsel for the defendant argue with much earnestness and eloquence that the action ought to have been involuntarily nonsuited in the court below. Inasmuch as the evidence now before us is substantially the same as that presented…

2Cases cited70 opinions

  1. Ridge v. Norfolk Southern RailroadSupreme Court of North Carolina · 1914
  2. Pinnix v. . GriffinSupreme Court of North Carolina · 1942
  3. Shelton v. Southern Railway Co.Supreme Court of North Carolina · 1927
  4. Ledford v. Valley River Lumber Co.Supreme Court of North Carolina · 1922
  5. State v. . SpencerSupreme Court of North Carolina · 1918

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

3Cited by22 opinions

  1. State v. GoinesSupreme Court of North Carolina · 1968
  2. Perfecting Service Co. v. Product Development & Sales Co.Supreme Court of North Carolina · 1963
  3. Lea Co. v. North Carolina Board of TransportationSupreme Court of North Carolina · 1983
  4. Robinson v. Seaboard System RR, Inc.Court of Appeals of North Carolina · 1987
  5. Shivers v. CarnaggioCourt of Appeals of Maryland · 1961

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

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