Chambers v. Seaboard Air Line Railway Co.
Supreme Court of North Carolina
Civil actioN tried before Cline, J., at August Term, 1916, of UNION. The action was brought to recover damages for personal injuries, resulting in the death of plaintiff’s intestate, alleged to have been caused by defendant’s negligence in running its engine and cars.
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Civil actioN tried before Cline, J., at August Term, 1916, of UNION. The action was brought to recover damages for personal injuries, resulting in the death of plaintiff’s intestate, alleged to have been caused by defendant’s negligence in running its engine and cars. Defendant, by its answer, denied the alleged negligence and pleaded contributory negligence of the intestate, and further that the guardian of the intestate, and his ward, who was a minor (19 years old) at the time of his death, had settled and compromised any and all claim for damages on account of the negligence of the…
1Opinion of the Court
Walker, J.,
after stating the case: "We are of the opinion that this
appeal is both premature and fragmentary. There is no judgment in the record, and it appears that none was filed. There is only the simple statement that the court overruled the demurrer. This is not a judgment, but merely a ruling of the court or an expression of its opinion that the demurrer was bad. There should have been a judgment upon this ruling, at least for the costs, and it has been so held by this Court in a similar case. Rosenthal v. Roberson, 114 N. C., 594, 596. In that case plaintiff, in deference to an adverse…
2Cases cited24 opinions
- Bethell v. . McKinneySupreme Court of North Carolina · 1913
- Merritt Milling Co. v. FinlaySupreme Court of North Carolina · 1892
- State Ex Rel. Crawley v. WoodfinSupreme Court of North Carolina · 1878
- Royster v. . WrightSupreme Court of North Carolina · 1896
- Hayes v. RailroadSupreme Court of North Carolina · 1905
19 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hollingsworth GMC Trucks, Inc. v. SmithSupreme Court of North Carolina · 1959