Avery v. West Lumber Co.
Supreme Court of North Carolina
Civil actioN, tried before Lyon, J., and a jury, at Pali Term, 1907, of the Superior Court of CeaveN County, to recover damages for personal injuries sustained by the plaintiff through the negligence of the defendant, at Dover, N. C., whereby the plaintiff lost an arm. The court submitted these issues: “1. AVas the plaintiff injured by the negligence of the defendant, as alleged in the complaint?” Answer: “Yes.”
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Civil actioN, tried before Lyon, J., and a jury, at Pali Term, 1907, of the Superior Court of CeaveN County, to recover damages for personal injuries sustained by the plaintiff through the negligence of the defendant, at Dover, N. C., whereby the plaintiff lost an arm. The court submitted these issues: “1. AVas the plaintiff injured by the negligence of the defendant, as alleged in the complaint?” Answer: “Yes.” “2. Was the plaintiff guilty of contributory negligence ?” Answer: “No.” “3. What damage is plaintiff entitled to- recover?” Answer : “Two thousand dollars.” Erom the judgment…
1Opinion of the CourtBeowN, J.
We have considered the several exceptions and assignments of error set out in the record, and are of the opinion that no error has been committed which warrants us in directing another trial. Neither do- we think that an extended discussion of exceptions would be of special value as a precedent. His Honor seems to bave carefully followed tbe well-settled principles of law applicable in cases of this character. The matters in dispute are largely those of fact, and the jury appear to have been impressed with the plaintiff’s version of them. He offered evidence tending to prove that he was…
2Cases cited2 opinions
- Ward v. Odell Manufacturing Co.Supreme Court of North Carolina · 1898
- Shaw v. Highland Park Manufacturing Co.Supreme Court of North Carolina · 1907
3Cited by33 opinions
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- Mercer v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
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- Terrell v. City of WashingtonSupreme Court of North Carolina · 1912
- Terrell v. . WashingtonSupreme Court of North Carolina · 1912
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