Boutten v. Wellington & Powellsville Railroad
Supreme Court of North Carolina
ActioN bv Thomas Boutten against the Wellington and Powellsville Eailroad Company, beard by Judge íl. B. Btar-buck, at Spring Term, 1900, of tbe Superior Court of Bertie County. Action for damages received on tbe track of tbe defendant. Plaintiff testified in bis own bebalf as follows: ‘‘Last year I was at Ahosky, in the employ of the Norfolk and Carolina Railroad Company. Had started to- my work. Work carried me to this side of Stony Creek.
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ActioN bv Thomas Boutten against the Wellington and Powellsville Eailroad Company, beard by Judge íl. B. Btar-buck, at Spring Term, 1900, of tbe Superior Court of Bertie County. Action for damages received on tbe track of tbe defendant. Plaintiff testified in bis own bebalf as follows: ‘‘Last year I was at Ahosky, in the employ of the Norfolk and Carolina Railroad Company. Had started to- my work. Work carried me to this side of Stony Creek. I was walking along the Wellington and Powellsville Railroad track. Was getting $15 a month. I was taken sick while walking along, and laid down on the…
1Opinion of the CourtClabK, J.
It was error to nonsuit the plaintiff and thereby take from Mm the right to have the jury pass upon the defence set up by the defendant. Under our system of procedure the tribunal for the trial of disputed allegations of fact is a jury, not a Judge. So- important and sacred is the right that it is protected by provisions in both the State and Federal Constitutions. Section 19 of the Bill of Bights (now Art. I) of the State Constitution, says, “The ancient mode of trial by jury is one of the best securities of the rights of the people, and ought to remain sacred and inviolable.”
When a party…
2Cases cited7 opinions
- Spruill v. Northwestern Mutual Life InsuranceSupreme Court of North Carolina · 1897
- Dellinger v. . GillespieSupreme Court of North Carolina · 1896
- Barbee v. . BarbeeSupreme Court of North Carolina · 1891
- Shaw v. . WilliamsSupreme Court of North Carolina · 1888
- Smith v. . ArthurSupreme Court of North Carolina · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- King v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
- Wright v. . R. R.Supreme Court of North Carolina · 1899
- King v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911