Coley v. City of Statesville
Supreme Court of North Carolina
Civil action for damages tried at August Term, 1897, of Ikedell Superior Court before Coble, J., and a jury. The plaintiff tendered the following issues: “1. Was the death of the plaintiff’s intestate caused or accelerated by the unwholesome condition of the prison of the City of Statesville, occasioned by the negligence of the said City to provide a prison suitable for the health and comfort of the prisoners?” “2. What damage, if any, has the plaintiff sustained thereby?”…
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Civil action for damages tried at August Term, 1897, of Ikedell Superior Court before Coble, J., and a jury. The plaintiff tendered the following issues: “1. Was the death of the plaintiff’s intestate caused or accelerated by the unwholesome condition of the prison of the City of Statesville, occasioned by the negligence of the said City to provide a prison suitable for the health and comfort of the prisoners?” “2. What damage, if any, has the plaintiff sustained thereby?” In lieu of these issues the Court submitted the following issues: “1. Was the death of plaintiff’s intestate due to the…
1Opinion of the Court
Clark, J.:
The issues submitted were such as enabled the partiefe to present every phase- qf the contention, and when such is the case no objection thereto can be sustained *316either for issues submitted or for refusing to submit other or different issues. Rittenhouse. v. Railway, 120 N. C., 544; Ricks v. Stancill, 119 N. C., 99; Bradsher v. Hightower, 118 N. C., 399.
Thirteen special instructions duly numbered (out of 16 asked) were given at the request of the appellee. The appellant excepted “to the above special instructions given at the request of the defendant.” We cannot agree with the…
2Cases cited9 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Pickett v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1895
- Rittenhouse v. Wilmington Street-Railway Co.Supreme Court of North Carolina · 1897
- Shields v. Town of DurhamSupreme Court of North Carolina · 1896
- State v. . HallSupreme Court of North Carolina · 1887
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Pickett v. . R. R.Supreme Court of North Carolina · 1895
- McIlhenney v. City of WilmingtonSupreme Court of North Carolina · 1900
- Moffitt v. . AshevilleSupreme Court of North Carolina · 1889
- Witsell v. . R. R.Supreme Court of North Carolina · 1897