Berry v. Carolina, Clinchfield & Ohio Railway
Supreme Court of North Carolina
Appeal from Lane, J., at tbe January Term, 1911, of McDowell. Civil action to recover damages for an alleged tort. 1. Was tbe plaintiff arrested and prosecuted as alleged in tbe complaint ? Answer: Yes. 2. Was tbe same without probable cause? Answer: Yes. 3. Was the same done witb malice? Answer: Yes. 4. Was tbe act of the agent of tbe defendant company, as alleged in the complaint, done wilfully or wantonly or in utter disregard-of tbe rights of tbe plaintiff ? Answer: Yes.…
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Appeal from Lane, J., at tbe January Term, 1911, of McDowell. Civil action to recover damages for an alleged tort. 1. Was tbe plaintiff arrested and prosecuted as alleged in tbe complaint ? Answer: Yes. 2. Was tbe same without probable cause? Answer: Yes. 3. Was the same done witb malice? Answer: Yes. 4. Was tbe act of the agent of tbe defendant company, as alleged in the complaint, done wilfully or wantonly or in utter disregard-of tbe rights of tbe plaintiff ? Answer: Yes. 5. Has tbe criminal action terminated? Answer: Yes. 6. What damage, if any, has plaintiff sustained thereby? Answer:…
1Opinion of the CourtHrowN, J.
Tbe defendant assigns as error:
1. Overruling defendant’s demurrer ore tenus to the complaint.
2. Overruling defendant’s motion to nonsuit at tbe close of tbe evidence.
We are of opinion that tbe demurrer was properly overruled. Tbe complaint alleges “that at or near tbe station of Marion, in tbe State of North Carolina, while plaintiff was riding peaceably as a passenger on said train, tbe agents of tbe defendants wilfully, wantonly, carelessly, maliciously, negligently and in utter disregard of tbe rights of tbe plaintiff, assaulted tbe plaintiff and committed a battery upon bis person, and…
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- Holmes v. Carolina Central RailroadSupreme Court of North Carolina · 1886
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