House v. Seaboard Air Line Railroad
Supreme Court of North Carolina
Actiow by J. W. House against tbe Seaboard Air Line Railroad Company, beard by Judge M. II. Justice, at January Term, 1902, of tbe Superior Court of EeaNKLIN County. From judgment of nonsuit, tbe plaintiff appealed.
1Opinion of the CourtCook, J.
Upon the conclusion of the evidence, defendant moved the Judge to instruct the jury that, considering all the evidence, it would be their duty to answer the second issue, to-wit, “Did plaintiff, by bis own negligence, contribute to bis own injury ” — “Tes.” the Judge thereupon intimated that be would so bold and so instruct them; plaintiff submitted to a nonsuit and appealed.
After carefully reading the evidence of plaintiff and that of defendant (69 pages of the printed record), we find it to be very conflicting. If the evidence of plaintiff be believed (and it must be accepted as true and…
2Cases cited3 opinions
- Cox v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1898
- Moore v. Charlotte Electric Street Railway Co.Supreme Court of North Carolina · 1901
- Miller v. RailroadSupreme Court of North Carolina · 1901
3Cited by19 opinions
- Cutts v. CaseySupreme Court of North Carolina · 1971
- Mulford v. Cotton States Hotel Co.Supreme Court of North Carolina · 1938
- Hayes v. Western Union Telegraph Co.Supreme Court of North Carolina · 1937
- Battle v. . CleaveSupreme Court of North Carolina · 1919
- Graves v. Railroad Co.Supreme Court of North Carolina · 1904
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