Lea v. Southern Public Utilities Co.
Supreme Court of North Carolina
ActioN, tried before Long, J., at June Term, 1918, of Meciclenbueg. These issues were submitted: 1. Was the plaintiff injured by the negligence of the defendant, as alleged in the complaint? Answer: “Yes.” 2. Did the plaintiff, by any negligence on his own part, contribute to his injury, as alleged in the answer? Answer: “Yes.” 3. Notwithstanding any negligence of the plaintiff, could the defendant, by the exercise of ordinary care, have prevented the injury to the…
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ActioN, tried before Long, J., at June Term, 1918, of Meciclenbueg. These issues were submitted: 1. Was the plaintiff injured by the negligence of the defendant, as alleged in the complaint? Answer: “Yes.” 2. Did the plaintiff, by any negligence on his own part, contribute to his injury, as alleged in the answer? Answer: “Yes.” 3. Notwithstanding any negligence of the plaintiff, could the defendant, by the exercise of ordinary care, have prevented the injury to the plaintiff? Answer: “Yes.” 4. What amount of damages, if any, is the plaintiff entitled to recover of the defendants on account of…
1Opinion of the CourtBeown, J.
This case was before us at last term (175 N. C., 461), and the opinion by Mr. Justice Walker granting a new trial contains a full and accurate statement of the case. The issues and evidence on the second trial appear to be substantially the same as on the first, and it is, therefore, unnecessary to do more than refer to the first opinion for a general outline of the controversy.
The defendant excepts because the judge in one part of the charge erroneously placed the burden of proof upon defendant-in requiring the jury to find by tbe greater weight of evidence that the ear “was not being…
2Cases cited6 opinions
- Jarrett v. High Point Trunk & Bag Co.Supreme Court of North Carolina · 1907
- Harvell v. Weldon Lumber Co.Supreme Court of North Carolina · 1911
- Ray v. . PattersonSupreme Court of North Carolina · 1915
- Champion v. . DanielSupreme Court of North Carolina · 1915
- Norman v. . R. R.Supreme Court of North Carolina · 1914
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Fulcher v. Pine Lumber Co.Supreme Court of North Carolina · 1926
- Robinson, Hudson, Blackburn v. . Transp. Co.Supreme Court of North Carolina · 1938
- Norman v. . R. R.Supreme Court of North Carolina · 1914
- Sears v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1919
- Richardson v. American Cotton Mills, Inc.Supreme Court of North Carolina · 1925
3 more not listed; retrieve them via the Exa API.