Legal Opinion · Dissent

Wolfe v. Atlantic Coast Line Railroad

Supreme Court of North Carolina

Decided October 22, 1930Published

1DissentClaRKSON, J.

A. July, witness for plaintiff, I tbink it was sufficient to be submitted to tbe jury.

In Shell v. Roseman, 155 N. C., at p. 94, we find: “We are not inadvertent to tbe fact tbat tbe plaintiff made a statement on cross-examination as to a material matter, apparently in conflict witb bis evidence wben examined in chief, but tbis affected bis credibility only, and did not justify withdrawing bis evidence from tbe jury. Ward v. Mfg. Co., 123 N. C., 252.”

E. R. Wolfe was a switchman, working for defendant. July testified, in part: “It was a shifting engine shifting cars on these spur tracks tbat I…

2Cases cited3 opinions

  1. Chicago, Rock Island & Pacific Railway Co. v. WardSupreme Court of the United States · 1920
  2. Ward v. Odell Manufacturing Co.Supreme Court of North Carolina · 1898
  3. Candler v. Southern Railway Co.Supreme Court of North Carolina · 1929

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