Legal Opinion

Oliphant v. Atlantic Coast Line Railroad

Supreme Court of North Carolina

Decided April 5, 1916PublishedCited by 10 opinions

Appeal by plaintiff from Peebles, and a jury, at February Term, 1916, of New HaNoveR. Civil action for damages for personal injuries, alleged to have been caused by the negligence of the defendant. The jury answered the issue as to negligence “No.” Plaintiff .appealed.

1Opinion of the CourtBrowN, J.

During the selection of tbe jury one Darden was challenged by plaintiff for cause. Upon examination he stated he was an employee of defendant, being a clerk in its legal department. The court overruled the challenge. Plaintiff excepted and challenged the juror peremptorily. This exhausted the plaintiff’s four peremptory challenges. Plaintiff afterwards challenged juror Clayton and the court overruled the challenge, holding that the plaintiff’s peremptory challenges were exhausted when Darden was stood aside. Plaintiff excepted.

There was error in not sustaining the challenge for cause to juror…

2Cases cited5 opinions

  1. Blevins v. Erwin Cotton MillsSupreme Court of North Carolina · 1909
  2. Starr v. Southern Cotton Oil Co.Supreme Court of North Carolina · 1914
  3. Featherstone v. Lowell Cotton MillsSupreme Court of North Carolina · 1912
  4. Walters v. Durham Lumber Co.Supreme Court of North Carolina · 1914
  5. Dunn v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1902

3Cited by10 opinions

  1. State v. AllredSupreme Court of North Carolina · 1969
  2. State v. WoodsSupreme Court of North Carolina · 1975
  3. State v. . LevySupreme Court of North Carolina · 1924
  4. State ex rel. Freeman v. PonderSupreme Court of North Carolina · 1951
  5. State v. . KoritzSupreme Court of North Carolina · 1947

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