Wilson v. Norfolk & Southern Railroad
Supreme Court of North Carolina
Civil ActioN tried at Fall Term, 1883, of Currituck Superior Court, before Avery, J. The plaintiff claims damages alleged to have been occasioned by the running over and killing his mule by defendant’s train. 'The issues submitted were, first, did defendant negligently ki 1 the mule? and secondly, what was its value? The jury responded in the affirmative to the first issue, and'fixed the value of the mule at one hundred and seventy-five dollars.
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Civil ActioN tried at Fall Term, 1883, of Currituck Superior Court, before Avery, J. The plaintiff claims damages alleged to have been occasioned by the running over and killing his mule by defendant’s train. 'The issues submitted were, first, did defendant negligently ki 1 the mule? and secondly, what was its value? The jury responded in the affirmative to the first issue, and'fixed the value of the mule at one hundred and seventy-five dollars. On the trial, the plaintiff testified in his own behalf that on the first of January, 1883, about 12 or 1 o’clock in the day, his mule got upon the…
1Opinion of the CourtMekrimoN, J.
Although the court declined to give the instructions as prayed for, we think it gave the substance of so much thereof as the defendant was entitled to. They were numerous, and some of them consisted simply of statements of legal propositions without regard to the facts of the case, or giving them point and applicability, and some of them were not sound as legal propositions.
It is sufficient, if the court give the substance of instructions prayed for to which a party is entitled, without impairing their force; but when the instruction contains only a legal proposition, it is the duty of the…
2Cases cited3 opinions
- Farmer v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1883
- Jones v. N. C. RailroadSupreme Court of North Carolina · 1874
- Pippen & Gannon v. Wilmington, Columbia & Augusta RailroadSupreme Court of North Carolina · 1876
3Cited by30 opinions
- Pickett v. . R. R.Supreme Court of North Carolina · 1895
- Deans v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Bullock v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Pickett v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1895
- Deans v. . R. R.Supreme Court of North Carolina · 1890
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