Drum v. Miller
Supreme Court of North Carolina
ActioN by Arthur Drum against Abel S. Miller, heard by Judge T. J. Shaw and a jury, at January (Special) Term, 1903, of the Superior Court of Catawba County. This is an action brought by the plaintiff to recover damages for an injury to one of his eyes, which is alleged in the complaint to have been caused by the wrongful and negligent act of the defendant. There is not much dispute about the facts.
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ActioN by Arthur Drum against Abel S. Miller, heard by Judge T. J. Shaw and a jury, at January (Special) Term, 1903, of the Superior Court of Catawba County. This is an action brought by the plaintiff to recover damages for an injury to one of his eyes, which is alleged in the complaint to have been caused by the wrongful and negligent act of the defendant. There is not much dispute about the facts. At the time the injury was received the defendant was a teacher in a public school of Catawba County and the plaintiff was one of his pupils. "While the school was in session, and plaintiff’s…
1Opinion of the Court
Walker J.,
after stating the case. Several exceptions were taken by the plaintiff to the Judge’s charge, only two of which we deem it necessary to notice. One of these *208exceptions is based upon tbe plaintiff’s contention tbat if be was permanently injured by tbe act of tbe defendant be is entitled to recover, wbetber tbat act was the proximate cause of tbe injury or not, or could or could not reasonably have been foreseen. We cannot agree with tbe plaintiff in this con-'tetion. It is undoubtedly true that a teacher is liable if, in correcting or disciplining a pupil, he acts maliciously or…
2Cases cited6 opinions
- Hill v. WinsorMassachusetts Supreme Judicial Court · 1875
- Edwards v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1901
- Edwards v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1903
- Tillett v. Lynchburg & Durham RailroadSupreme Court of North Carolina · 1894
- Williams v. . HaidSupreme Court of North Carolina · 1896
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3Cited by77 opinions
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- Hopkins v. Spring Independent School Dist.Texas Supreme Court · 1987
- State v. . CopeSupreme Court of North Carolina · 1933
- Aldridge Ex Rel. Aldridge v. HastySupreme Court of North Carolina · 1954
- Rolin v. . Tobacco Co.Supreme Court of North Carolina · 1906
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