Conard v. . Shuford
Supreme Court of North Carolina
Civil ACTION, tried before Ferguson, J., and a jury, at February Term, 1917, of Catawba, upon the following issues: 1. "Was the plaintiff injured by the negligence of the defendant, as alleged in the complaint ? Answer: Yes. 2. Did plaintiff, by his own negligence, contribute to his injury, as alleged in the answer? Answer: No. 3. What damage has plaintiff sustained ? Answer: $200. Judgment thereon, and defendant appealed.
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Civil ACTION, tried before Ferguson, J., and a jury, at February Term, 1917, of Catawba, upon the following issues: 1. "Was the plaintiff injured by the negligence of the defendant, as alleged in the complaint ? Answer: Yes. 2. Did plaintiff, by his own negligence, contribute to his injury, as alleged in the answer? Answer: No. 3. What damage has plaintiff sustained ? Answer: $200. Judgment thereon, and defendant appealed. Plaintiff alleged that while he was driving his team on a public road, the defendant, who was in an automobile, approached and passed him in such a negligent and reckless…
1Opinion of the Court
Walker, J.,
after stating the case: First. The evidence as to the wen on plaintiff’s back had already been admitted, without objection, when the defendant objected to a question of plaintiff’s counsel in regard to it. If defendant can now raise the question as to its competency, we do not think it should have been excluded. It was sufficiently covered by the allegation as to the injuries in the complaint. Special damages must be pleaded, it is true. Sloan v. Hart, 150 N. C., 269. The rule is thus stated in 13 Cyc., pp. 175, 176: “Where, by reason of a certain wrong, or from the breach of a…
2Cases cited13 opinions
- Lake Shore & Michigan Southern Railway Co. v. WardIllinois Supreme Court · 1891
- Johnson v. Railroad Co.Supreme Court of North Carolina · 1906
- Sloan v. . HartSupreme Court of North Carolina · 1909
- Bowen v. KingSupreme Court of North Carolina · 1907
- Hammond v. SchiffSupreme Court of North Carolina · 1888
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Stanford v. OwensCourt of Appeals of North Carolina · 1980
- Binder v. General Motors Acceptance Corp.Supreme Court of North Carolina · 1943
- Pickett v. Carolina & Northwestern RailwaySupreme Court of North Carolina · 1931
- Varley v. MotylSupreme Court of Connecticut · 1952
- Caldwell v. . R. R.Supreme Court of North Carolina · 1940
18 more not listed; retrieve them via the Exa API.