Cooper v. Southern Railroad
Supreme Court of North Carolina
Appeal by defendants from Lane, J., at August Term, 1915, of O ABARRES. Civil action to recover damages for false arrest and malicious prosecution, based upon evidence on part of plaintiff tending to show that -said plaintiff, a boy of 16 years of age, was in the employ of the railroad company as night supply boy at Spencer railway shops; that defendant Fuller was shop superintendent, had control of everything around the shops, and was charged with the duty of the care and…
Read the full summary
Appeal by defendants from Lane, J., at August Term, 1915, of O ABARRES. Civil action to recover damages for false arrest and malicious prosecution, based upon evidence on part of plaintiff tending to show that -said plaintiff, a boy of 16 years of age, was in the employ of the railroad company as night supply boy at Spencer railway shops; that defendant Fuller was shop superintendent, had control of everything around the shops, and was charged with the duty of the care and custody of the shops and the property of the company connected therewith; that, at the instance of said Fuller and two…
1Opinion of the CourtHoke, J.
This case was here on a former appeal of defendants from a verdict and judgment in favor of-plaintiff, and a new trial was granted because the court below had improperly allowed an amendment to complaint material to the relief sought and used to defendant’s prejudice after the evidence was all in and counsel for plaintiff was addressing the jury and when there had been no testimony offered in support of the additional allegations. See case reported in 165 N. C., pp. 578 and 581. In tbe opinion, delivered by Associate Justice Brown, it was beld that the warrant of the justice of the peace,…
2Cases cited8 opinions
- Daniel v. RailroadSupreme Court of North Carolina · 1904
- Sawyer v. RailroadSupreme Court of North Carolina · 1906
- Stanford v. . Grocery Co.Supreme Court of North Carolina · 1906
- Minneapolis Mill Co. v. Minneapolis & St. Louis Ry. Co.Supreme Court of Minnesota · 1892
- Merrell v. Dudley.Supreme Court of North Carolina · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. FoxSupreme Court of North Carolina · 1970
- Dickerson v. . Refining Co.Supreme Court of North Carolina · 1931
- State v. CornSupreme Court of North Carolina · 1982
- Dickerson v. Atlantic Refining Co.Supreme Court of North Carolina · 1931
- Cotton v. Fisheries Products Co.Supreme Court of North Carolina · 1919
11 more not listed; retrieve them via the Exa API.