Legal Opinion

Tate v. City of Greensboro

Supreme Court of North Carolina

Decided February 5, 1894PublishedCited by 37 opinions

This was a civil actiox, tried before Connor, J., and a jury, at August Term, 1892, of the Superior Court of Guil-ford County. By consent of the parties the Court found the facts upon the pleadings and the testimony, submitting to the jury the issue in regard to damages.

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This was a civil actiox, tried before Connor, J., and a jury, at August Term, 1892, of the Superior Court of Guil-ford County. By consent of the parties the Court found the facts upon the pleadings and the testimony, submitting to the jury the issue in regard to damages. It was agreed that if, upon the facts as found, the Court should be of the opinion that the defendants or either of them were liable, judgment should be rendered in favor of the plaintiff 'and against such defendant or defendants for the sum of $300, with interest from the_day of August, 1892, and costs, the said sum being…

1Opinion of the Court

AVERY, J., dissents arguendo, in which McRAE, J., concurs. By consent of the parties the court found the facts upon the pleadings and the testimony, submitting to the jury the issue in regard to damages. It was agreed that if, upon the facts as found, the court should be of the opinion that the defendants or either of them were liable, judgment should be rendered in favor of the plaintiff and against such defendant or defendants for the sum of $300, with interest from ____ August, 1892, and costs, the said sum being the amount of damages assessed by the jury, otherwise the verdict should be…

2Cases cited9 opinions

  1. Barnes v. District of ColumbiaSupreme Court of the United States · 1876
  2. Smith Ex Rel. Cushing v. Corporation of WashingtonSupreme Court of the United States · 1858
  3. Bunch v. Town of EdentonSupreme Court of North Carolina · 1884
  4. City of Pontiac v. CarterMichigan Supreme Court · 1875
  5. Chase v. City of OshkoshWisconsin Supreme Court · 1892

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3Cited by37 opinions

  1. Rosenthal v. City of GoldsboroSupreme Court of North Carolina · 1908
  2. Jeffress v. Town of GreenvilleSupreme Court of North Carolina · 1911
  3. Newton v. School Committee of CharlotteSupreme Court of North Carolina · 1912
  4. Morris v. Salt Lake CityUtah Supreme Court · 1909
  5. Hester v. Traction Co.Supreme Court of North Carolina · 1905

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