Irvin v. Southern Railway Co.
Supreme Court of North Carolina
Appeal by defendants' from Cooke, J., at Mareb Term, 1913, of Forsyth. This is an action under tbe Federal Employer's Liability Act, to recover damages for tbe alleged wrongful death of plaintiff’s intestate and son, Leonard C. Ervin, caused by. being caugbt between an engine and a freight caboose in tbe cburse of a switching movement by using a push pole on tbe yards at Rural Hall, North Carolina.
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Appeal by defendants' from Cooke, J., at Mareb Term, 1913, of Forsyth. This is an action under tbe Federal Employer's Liability Act, to recover damages for tbe alleged wrongful death of plaintiff’s intestate and son, Leonard C. Ervin, caused by. being caugbt between an engine and a freight caboose in tbe cburse of a switching movement by using a push pole on tbe yards at Rural Hall, North Carolina. Tbe engineer, W. D. Thomas, was made a party defendant, and filed an answer, tbe jury answering tbe issue directed at bis conduct and tbe allegations of negligence in respect thereto in bis favor.…
1Opinion of the CourtAllen, J.
We will first consider the exception to the refusal Of his Honor to permit counsel for the defendant to argue that *15the failure of the sou to support the mother should be considered by the jury, and that if he had contributed to her support it would have been proven by the mother.
If the failure of the son to contribute to the support of the mother is a relevant circumstance, and the mother is a competent witness to prove the fact, there is error in the ruling.
1. Is the mother a competent witness to prove the fact of support ?
The only objection urged against her competency is under section 1631…
2Cases cited9 opinions
- Simmons v. Davenport.Supreme Court of North Carolina · 1906
- Bunn v. . ToddSupreme Court of North Carolina · 1890
- Dooley v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1913
- Sumner v. . CandlerSupreme Court of North Carolina · 1885
- Baker v. N. & S. RailroadSupreme Court of North Carolina · 1907
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Cobia v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1924
- Dunlap v. LeeSupreme Court of North Carolina · 1962
- Calhoun v. State Highway & Public Works CommissionSupreme Court of North Carolina · 1935
- Kenney v. Seaboabd Air Line Railway Co.Supreme Court of North Carolina · 1914
- Raines v. Southern Railway Co.Supreme Court of North Carolina · 1915
11 more not listed; retrieve them via the Exa API.