Herndon v. Southern Railway Co.
Supreme Court of North Carolina
Appeai, by plaintiff from Justice, J., at September Term, 1912, of Meoexenbueg. Civil- action tried upon these issues: 1. Was the feme plaintiff, Sallie R. Herndon, injured by the negligence of defendant, as alleged in the complaint ?' Answer: Yes. 2. What damages are the plaintiffs entitled to recover of the defendant ? Answer : $500. From the judgment rendered, plaintiff appealed.
1DissentOlakK, C. J.
The defendant placed no witness on the stand to explain the cause of the derailment or to testify to the extent or nature of the injuries sustained by the feme plaintiff. The only witnesses testifying as to these injuries and the derailment were the plaintiff herself and her son: The • defendant did not put upon the stand a single witness who was or. had been in its employ. The physicians on both sides testified that they could not tell exactly ho'w severe nervous shocks* affected patients, and had to rely upon what the patient told them in the treatment thereof.
Not a single witness on either…
2Cases cited7 opinions
- State v. . ByersSupreme Court of North Carolina · 1888
- State v. . OwnbySupreme Court of North Carolina · 1908
- State v. . BoonSupreme Court of North Carolina · 1880
- State v. LeeSupreme Court of North Carolina · 1897
- State v. . CollinsSupreme Court of North Carolina · 1896
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