Asheville & East Tennessee Railroad v. Baird
Supreme Court of North Carolina
Appeal by defendant from FousTiee, J., at November Term, 1912, of BuNCombe. Civil action tried upon these issues: 1. Did the plaintiff deliver to tbe defendants, or either of them, a railroad freight car, as alleged in the complaint? If so, to whom? Answer: Yes; as to W. A. Baird. 2. Was said car injured and damaged by the negligence of the defendants, or either of them, as alleged in the complaint? If so, by whom? Answer: Yes; W. A. Baird. 3. What damage, if any, is the…
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Appeal by defendant from FousTiee, J., at November Term, 1912, of BuNCombe. Civil action tried upon these issues: 1. Did the plaintiff deliver to tbe defendants, or either of them, a railroad freight car, as alleged in the complaint? If so, to whom? Answer: Yes; as to W. A. Baird. 2. Was said car injured and damaged by the negligence of the defendants, or either of them, as alleged in the complaint? If so, by whom? Answer: Yes; W. A. Baird. 3. What damage, if any, is the plaintiff entitled to recover by reason of such negligence? Answer: $354.28, with interest from date of payment of bill.…
1Opinion of the CourtBrown, J.
This record contains thirty-one exceptions, seventeen of which are to the rulings of the court upon the admission of testimony.
Impressed by the earnestness of the learned and able counsel for the defendant, Judge Murphy, we have scrutinized each of these assignments of error with great care, but are unable to find any error which warrants another trial of this case.
The weight of the evidence tends to prove very clearly that the plaintiff, at the instance of the defendant Baird, delivered to him a freight ear, and placed it securely chocked on a sidetrack to be loaded by Baird with acid wood…
2Cases cited3 opinions
- Gross v. . McBrayerSupreme Court of North Carolina · 1912
- Simmons v. . SikesSupreme Court of North Carolina · 1841
- Lain v. . GaitherSupreme Court of North Carolina · 1875
3Cited by8 opinions
- Harris v. . R. R.Supreme Court of North Carolina · 1925
- Harris v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1925
- State v. . HallSupreme Court of North Carolina · 1944
- Lowery v. Louisville N. R. Co.Supreme Court of Alabama · 1934
- Hopkins v. . Colonial Stores, Inc.Supreme Court of North Carolina · 1944
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