Horne v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal from O. H. Allen, J., at the March Term, 1910, of J OHNSTON. 1. "Was the plaintiff, J. H. Horne, injured by the negligence of the defendant, as alleged in the complaint ? Answer: Yes. 2. Did the plaintiff, J. H. Horne, by his own negligence, contribute to his injury, as alleged in the answer? Answer: No. 3. What damage, if any, has the plaintiff sustained ? Answer: $5,000. Motion by defendant to set aside the verdict; motion denied.
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Appeal from O. H. Allen, J., at the March Term, 1910, of J OHNSTON. 1. "Was the plaintiff, J. H. Horne, injured by the negligence of the defendant, as alleged in the complaint ? Answer: Yes. 2. Did the plaintiff, J. H. Horne, by his own negligence, contribute to his injury, as alleged in the answer? Answer: No. 3. What damage, if any, has the plaintiff sustained ? Answer: $5,000. Motion by defendant to set aside the verdict; motion denied. From the judgment rendered the defendant appealed.
1Opinion of the Court
1. Was the plaintiff J. H. Horne injured by the negligence of the defendant, as alleged in the complaint? Answer: Yes.
2. Did the plaintiff J. H. Horne by his own negligence contribute to his injury, as alleged in the answer? Answer: No.
3. What damage, if any, has the plaintiff sustained? Answer: $5,000. Motion by defendant to set aside the verdict; motion denied. From the judgment rendered the defendant appealed. This case comes before us upon the sole question as to the (240) correctness of his Honor's ruling in denying the motion to nonsuit. There are no exceptions to evidence and the…
2Cases cited4 opinions
- Avery v. West Lumber Co.Supreme Court of North Carolina · 1908
- Marcus v. Loane.Supreme Court of North Carolina · 1903
- Chesson v. . WalkerSupreme Court of North Carolina · 1908
- Craven Ex Rel. Craven v. Worth Manufacturing Co.Supreme Court of North Carolina · 1909
3Cited by7 opinions
- Smith v. Massachusetts Bonding & InsuranceSupreme Court of North Carolina · 1920
- Brazille v. Carolina Barytes Co.Supreme Court of North Carolina · 1911
- Walters v. Rocky Mount Sash & Blind Co.Supreme Court of North Carolina · 1911
- Dunn v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1916
- Willgues v. Pennsylvania Railroad Co.Supreme Court of Missouri · 1927
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