Harris v. . Quarry Co.
Supreme Court of North Carolina
ActioN by I. G. Harris against the B'alfour Quarry Company, beard by Judge Thomas J. Shaw at May Term, 1904, of tbe Superior Court of HeNdeesoN County. Erom a judgment for the defendant the plaintiff appealed.
1Opinion of the CourtClark, C. J.
This case was before us (131 N. C., 553) and a new trial was granted because, in the opinion of a majority of the Cburt the pleadings were insufficient to justify the admission of evidence, and also- that the evidence, as then sent up, did not show any negligence. The pleadings have since been amended to conform to the views then expressed by the Court and the evidence is also’ fuller, and the case should have been submitted to- the jury. The witness who on the former appeal w’as not shown to be an expert, was on this trial found by tbe Court to be an expert, and testified in effect that it…
2Cases cited1 opinion
- Perry v. Western North Carolina RailroadSupreme Court of North Carolina · 1901
3Cited by2 opinions
- Watson v. Black Mountain Railway Co.Supreme Court of North Carolina · 1913
- Roberts v. . BaldwinSupreme Court of North Carolina · 1911