Sears v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
ActioN for damage tried before Galv&rt, J., and a jury, at March Term, 1919, of Pendes. Tbe plaintiff alleged tbat be bad recently been married; tbat be bad been for a short while at tbe seashore with bis bride, and started on bis. first trip to visit bis parents after tbe marriage; tbat be arrived a little late at tbe station in Wilmington, N. C.,'but in time to get bis ticket and to get on tbe train; tbat bis wife bad gotten on and tbat be was. getting on, with suitcases…
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ActioN for damage tried before Galv&rt, J., and a jury, at March Term, 1919, of Pendes. Tbe plaintiff alleged tbat be bad recently been married; tbat be bad been for a short while at tbe seashore with bis bride, and started on bis. first trip to visit bis parents after tbe marriage; tbat be arrived a little late at tbe station in Wilmington, N. C.,'but in time to get bis ticket and to get on tbe train; tbat bis wife bad gotten on and tbat be was. getting on, with suitcases and other impedimenta in bis bands, when the conductor abused him and pushed him off tbe train, and be fell upon tbe…
1Opinion of the Court
Walker, J".,
after stating the case: It is assigned as error that the court did not summarize the defendant’s contentions but stated the plaintiff’s rather fully, and that the court laid special stress upon the issue as to damages, which led the jury to believe that there should be a recovery. We state the exceptions in defendant’s own words, as they appear in its brief:
“The defendant assigns as error the charge of the court, and particularly the following:
“ fOn the other band, the defendant contends that you cannot so find from the evidence and by the greater weight of it. The defendant…
2Cases cited9 opinions
- Simmons v. Davenport.Supreme Court of North Carolina · 1906
- Jarrett v. High Point Trunk & Bag Co.Supreme Court of North Carolina · 1907
- Danville Lumber & Manufacturing Co. v. Gallivan Building Co.Supreme Court of North Carolina · 1919
- Ives v. RailroadSupreme Court of North Carolina · 1906
- State v. . KinsaulsSupreme Court of North Carolina · 1900
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hall v. . GiessellSupreme Court of North Carolina · 1920
- Dickson v. Queen City Coach Co.Supreme Court of North Carolina · 1951
- State v. Chambers.Supreme Court of North Carolina · 1920
- In Re McGowan's WillSupreme Court of North Carolina · 1952
- Globe Indemnity Co. v. Sylva Tanning Co.Supreme Court of North Carolina · 1924
4 more not listed; retrieve them via the Exa API.