Legal Opinion

Phillips v. Wilmington & Weldon Railroad

Supreme Court of North Carolina

Decided June 10, 1902PublishedCited by 6 opinions

ActioN by J. L. Phillips against the Wilmington and Weldon Railroad Company, heard by Judge George LI. Brown and a jury, at October Term, 1901, of the Superior Court of Beaufort County. From a judgment for the plaintiff, the defendant appealed.

1Opinion of the CourtClark, J.

At the close of the evidence the defendants handed up to the Court the following paper: “Defendant’s prayers. The defendant requests the Court to charge the jury in writing, and as follows: First” (here follows ten prayers, duly numbered). The exception 3 is that the Court did not put the whole charge in writing. This is the sole point presented by the appeal, for exception 1 is abandoned; exception 2 is to allowing the witness to explain what he meant by a remark wbicb be testified be bad made, and is without merit, and exception 4 is to refusal of a new trial for above alleged errors.

We…

2Cases cited1 opinion

  1. National Bank of Asheville v. SumnerSupreme Court of North Carolina · 1896

3Cited by6 opinions

  1. Mason v. Durham CountySupreme Court of North Carolina · 1918
  2. Blue Diamond Poultry Farms, Inc. v. Commissioner of TaxationSupreme Court of Minnesota · 1958
  3. Sawyer v. . Lumber CompanySupreme Court of North Carolina · 1906
  4. Sawyer v. Lumber Co.Supreme Court of North Carolina · 1906
  5. Mason v. . DurhamSupreme Court of North Carolina · 1918

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