Hodges v. Southern Railway Co.
Supreme Court of North Carolina
Civil aotioN, for damages, tried before Norwood J., and a jury, at March Term, 1897, of MeckxeNbueg Superior Court. At the conclusion of the testimony his Honor expressed the opinion that in no aspect of the testimony could the plaintiff recover, and in deference thereto plaintiff submitted to a non-suit and appealed.
1Opinion of the Court
Douglas, J.:
In this case, the court below, at the close of the evidence, having intimated an opinion that the plaintiff was not in any aspect of the evidence entitled to recover, the plaintiff excepted and submitted to a non-suit. We thmk there was error.
Taking the evidence of the plaintiff as true, and it must be so taken for the purpose of this appeal, there was sufficient evidence to go to the jury as to the negligence of the defendant. Viewed in the light of the same testimony, the action of the plaintiff was not contributory negligence per se. His station having twice been called he went…
2Cases cited5 opinions
- Wittkowsky v. WassonSupreme Court of North Carolina · 1874
- Hinshaw v. Raleigh & Augusta Air Line R. R.Supreme Court of North Carolina · 1896
- State v. . PowellSupreme Court of North Carolina · 1886
- Nance v. Carolina Central RailroadSupreme Court of North Carolina · 1886
- Watkins v. Raleigh & Augusta Air Line RailroadSupreme Court of North Carolina · 1895
3Cited by12 opinions
- Cox v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1898
- Coley v. North Carolina RailroadSupreme Court of North Carolina · 1901
- Cable v. Southern Railway Co.Supreme Court of North Carolina · 1898
- Carter v. . R. R.Supreme Court of North Carolina · 1914
- Darden v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1907
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