Legal Opinion

Deaton v. Board of Trustees of Elon College

Supreme Court of North Carolina

Decided June 5, 1946PublishedCited by 31 opinions

Appeal by plaintiff from Williams, J., at September Term, 1945, of AlamaNce. Affirmed. Civil action to recover damages for wrongful death. One phase of the controversy involved on this appeal was here on a former appeal. Hayes v. Elon College, 224 N. C., 11. Many of the facts are there stated.

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Appeal by plaintiff from Williams, J., at September Term, 1945, of AlamaNce. Affirmed. Civil action to recover damages for wrongful death. One phase of the controversy involved on this appeal was here on a former appeal. Hayes v. Elon College, 224 N. C., 11. Many of the facts are there stated. At the risk of repetition we add the following, gleaned from plaintiff’s evidence, as being material here: A part of defendant’s local electric light system — six poles and wires attached thereto — was, as alleged by plaintiff, in a dangerous and defective condition. The deceased and his associates,…

1Opinion of the CourtBarnhill, J.

On plaintiff’s exception to the judgment dismissing the action as in case of nonsuit, the familiar rule which requires that the evidence be considered in the light most favorable to the plaintiff prevails. Evidence of the defendant, whether competent or incompetent, which tends to impeach or contradict the testimony offered by plaintiff, is not to be considered. It follows that the assignment of error based on the exceptions to the admission of testimony is without substance.

The exclusion of testimony respecting alleged burns on the trees near the electric line, offered by plaintiff for the…

2Cases cited29 opinions

  1. Haynes v. Kaleigh Gas Co.Supreme Court of North Carolina · 1894
  2. Arizona Binghampton Copper Co. v. DicksonArizona Supreme Court · 1921
  3. Turner v. Southern Power Co.Supreme Court of North Carolina · 1910
  4. Dunnevant v. Southern Railway Co.Supreme Court of North Carolina · 1914
  5. Douglass v. Peck & Lines Co.Supreme Court of Connecticut · 1915

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3Cited by31 opinions

  1. Epperly v. City of SeattleWashington Supreme Court · 1965
  2. Trimyer v. Norfolk Tallow Co.Supreme Court of Virginia · 1951
  3. E. L. Jones Construction Co. v. NolandArizona Supreme Court · 1970
  4. Petty v. Cranston Print Works CompanySupreme Court of North Carolina · 1956
  5. McGill v. Bison Fast Freight, Inc.Supreme Court of North Carolina · 1957

26 more not listed; retrieve them via the Exa API.

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