Benton v. . Collins
Supreme Court of North Carolina
Civil AotioN to recover damages for wrongful personal injuries inflicted by defendant R. W. Collins, also to set aside alleged fraudulent conveyance of bis lands, in contemplation of tbis action, to bis codefendants, originally tried before Timberlake, J., and a jury at April Term, 1897, upon which trial issues were found in favor of plaintiff, and damages assessed at $350. The verdict as to damages was on motion of plaintiff set aside for inadequacy, and a new trial granted…
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Civil AotioN to recover damages for wrongful personal injuries inflicted by defendant R. W. Collins, also to set aside alleged fraudulent conveyance of bis lands, in contemplation of tbis action, to bis codefendants, originally tried before Timberlake, J., and a jury at April Term, 1897, upon which trial issues were found in favor of plaintiff, and damages assessed at $350. The verdict as to damages was on motion of plaintiff set aside for inadequacy, and a new trial granted upon the issue relating thereto — from which ruling the defendant took an appeal, which was dismissed as premature —…
1Opinion of the CourtMontgomery, J.
In the first trial of this action — an action for damages growing out of an assault and battery committed by defendant Ruffin Collins upon the plaintiff — ■ all of the issues were found for the plaintiff. In response to the issue as to the amount of damages which the plaintiff was entitled to recover, the jury answered $350, and his Honor set aside that part of the verdict on the ground that the damages assessed were inadequate, and let the others stand. On appeal from that ruling this Court declared the appeal premature; and upon a second trial the defendant Ruffin Collins renewed his…
2Cases cited18 opinions
- Tillett v. Lynchburg & Durham RailroadSupreme Court of North Carolina · 1894
- Pickett v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1895
- Littlejohn v. . EgertonSupreme Court of North Carolina · 1877
- Rittenhouse v. Wilmington Street-Railway Co.Supreme Court of North Carolina · 1897
- Lindley v. Richmond & Danville RailroadSupreme Court of North Carolina · 1883
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3Cited by55 opinions
- Drury v. FrankeCourt of Appeals of Kentucky (pre-1976) · 1933
- Rawle v. McIlhennySupreme Court of Virginia · 1934
- Pickett v. . R. R.Supreme Court of North Carolina · 1895
- Jarrett v. High Point Trunk & Bag Co.Supreme Court of North Carolina · 1907
- Goodman v. . GoodmanSupreme Court of North Carolina · 1931
50 more not listed; retrieve them via the Exa API.