Myers v. Norfolk & Western Railway Co.
Supreme Court of North Carolina
Appeal by defendant from Webb, J., at January Term, 1914," of "Wilkes. This is a civil action for damages for personal injury received in the service of the defendant.
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Appeal by defendant from Webb, J., at January Term, 1914," of "Wilkes. This is a civil action for damages for personal injury received in the service of the defendant. These issues were submitted to the jury: 1. Was the plaintiff injured by the negligence of the defendant? Answer: Yes. 2. Did the plaintiff, by his own negligence, contribute to his own injury? Answer; No. ■■ 3. Did tbe plaintiff sign tbe release and receipt offered in evidence? Answer: Tes. 4. Was tbe plaintiff induced to sign tbe release by tbe fraud and deceit of defendant’s agent? Answer: Yes. 5. Was tbe plaintiff 21 years…
1Per curiam
Tbis case was before tbe Court and is reported in 162 N. C., page 344, and in tbe opinion in tbat case tbe general facts are stated. Tbe case was tben tried under tbe Employer’s Liability Act, and tbis Court beld tbat tbe plaintiff was not engaged in interstate commerce. Tbe cause was tben tried under tbe law of tbis State, and from tbe verdict and judgment tbe defendant appeals, assigning numerous errors.
We bave examined with care tbe exceptions set out in tbe record to tbe reception and rejection of evidence, and also to tbe charge of tbe court, and we think tbe case was substantially tried…
2Cases cited1 opinion
- Burgin v. Richmond & Danville RailroadSupreme Court of North Carolina · 1894
3Cited by6 opinions
- Hill v. North Carolina RailroadSupreme Court of North Carolina · 1920
- Howard v. Buckeye Cotton Oil Co.Supreme Court of North Carolina · 1917
- Robinson v. J. B. Ivey & Co.Supreme Court of North Carolina · 1927
- Smith v. RitchSupreme Court of North Carolina · 1928
- Robinson v. . IveySupreme Court of North Carolina · 1927
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