Lupton v. Southern Express Co.
Supreme Court of North Carolina
Appeal by defendant from Connor, J., at the June Term, 1915, of CARTERET. Action to recover damages for personal injury.
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Appeal by defendant from Connor, J., at the June Term, 1915, of CARTERET. Action to recover damages for personal injury. The plaintiff introduced evidence tending to prove that while on the platform of the railroad company at New Bern, for the purpose of taking passage on the train, an agent and employee of the defendant negligently ran a heavy truck against him, striking him violently in the back, causing him to fall, and the truck passed over one of his feet, to his serious injury. The defendant introduced evidence tending to prove that there was no negligence; that the plaintiff was…
1Opinion of the CourtAlleN, J.
There is no objection to the description of the injury as disclosed by the X-Ray plates. The exception is only to the exhibition of the plates to the jury, and as there is nothing to show any variance between the plates and the description given by the witness, we might dispose of the exception upon the ground that the ruling permitting the jury to see the plates, if erroneous, is harmless. "We are, however, of opinion that it was competent to introduce the plates and to permit the jury to see them.
What was said in Franh v. Bank, 37 N. Y. Sup. Ct., 34, which is approved in Bank v. McArthur,…
2Cases cited15 opinions
- Mauch v. City of HartfordWisconsin Supreme Court · 1901
- Sias v. Consolidated Lighting Co.Supreme Court of Vermont · 1901
- State v. MathesonSupreme Court of Iowa · 1905
- Bruce v. BeallTennessee Supreme Court · 1897
- De Forge v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1901
10 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. NorrisSupreme Court of North Carolina · 1955
- Hunt v. WootenSupreme Court of North Carolina · 1953
- State v. . MatthewsSupreme Court of North Carolina · 1926
- Bane v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1916
- State v. MatthewsSupreme Court of North Carolina · 1926
9 more not listed; retrieve them via the Exa API.