Hodgin v. Railroad
Supreme Court of North Carolina
ActioN by James A. Hodgin by bis next friend, G-. A. Hodgin, against the Southern Railway Company, heard by Judge Fred Moore and a jury, at the August Term, 1906, of .the Superior Court of GuilKobd. This was an action to recover damages for injuries received by plaintiff from a collision with defendant’s train at a crossing. The Court submitted the issues of negligence, contributory negligence and damage.
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ActioN by James A. Hodgin by bis next friend, G-. A. Hodgin, against the Southern Railway Company, heard by Judge Fred Moore and a jury, at the August Term, 1906, of .the Superior Court of GuilKobd. This was an action to recover damages for injuries received by plaintiff from a collision with defendant’s train at a crossing. The Court submitted the issues of negligence, contributory negligence and damage. The jury found the issue of contributory negligence against the plaintiff. Erom the judgment rendered, plaintiff appealed.
1Opinion of the CourtBeowN, J.
One of the jurors was challenged by defendant upon the ground that he was not a freeholder. The challenge was allowed, and plaintiff excepted. The juror owned no land, but his wife was seized of a fee and had children by her husband. "While the Constitution, Art. X, sec. 6, has wrought very material and far-reaching changes as to the rights and dominion of the wife over her separate property, it seems, nevertheless, to have been held by this Court that the husband still has what is termed an “interest” in her land which constitutes him technically a freeholder.
In Thompson v. Wiggins Mr.…
2Cases cited12 opinions
- Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
- Russell v. Carolina Central R. R.Supreme Court of North Carolina · 1896
- Cooper v. RailroadSupreme Court of North Carolina · 1905
- Norton v. North Carolina RailroadSupreme Court of North Carolina · 1898
- Richmond v. Chicago & West Michigan Railway Co.Michigan Supreme Court · 1891
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- Danis v. New York Central RailroadOhio Court of Appeals · 1951
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