Biles v. Railroad
Supreme Court of North Carolina
ActioN by David Biles against Seaboard Air Line Railway to recover damages for an injury caused by alleged negligence of the defendant, heard by Judge George W. Ward and a jury, at the June Term, 1905, of the Superior Court of ANSON County. The three ordinary issues in actions of this character were framed for submission to the jury: (1) As to the negligence of defendant; (2) As to contributory negligence on the part of plaintiff; (3) On the question of damages.
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ActioN by David Biles against Seaboard Air Line Railway to recover damages for an injury caused by alleged negligence of the defendant, heard by Judge George W. Ward and a jury, at the June Term, 1905, of the Superior Court of ANSON County. The three ordinary issues in actions of this character were framed for submission to the jury: (1) As to the negligence of defendant; (2) As to contributory negligence on the part of plaintiff; (3) On the question of damages. At the close of the testimony on an adverse intimation of His Honor both on the first and second issues, the plaintiff submitted to…
1Opinion of the Court
Hoee, J.,
after stating the case: In Hopkins v. Railroad, 131, N. C., 464, Douglas, J., delivering the opinion, said: “It is well settled that on a motion for nonsuit or its counterpart, the direction of a verdict, the evidence of the plaintiff must be accepted as true and construed in the light most favorable for him.” Applying this rule to the facts set forth in the case on appeal, we are of opinion that the plaintiff is entitled to have his cause submitted to a jury.
The plaintiff himself testified that he was a brakeman on a freight train of defendant company, and on the night of November…
2Cases cited2 opinions
- Coley v. North Carolina RailroadSupreme Court of North Carolina · 1901
- Coley v. North Carolina RailroadSupreme Court of North Carolina · 1901
3Cited by28 opinions
- Swaney v. Peden Steel CompanySupreme Court of North Carolina · 1963
- Fry v. Southern Public Utilities Co.Supreme Court of North Carolina · 1922
- Rush v. McPhersonSupreme Court of North Carolina · 1918
- Troxler v. . R. R.Supreme Court of North Carolina · 1899
- Edge v. . R. R.Supreme Court of North Carolina · 1910
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