Peoples v. Railroad
Supreme Court of North Carolina
ActioN by J. M. Peoples, administrator of J. B. Peoples, against the North Carolina Railroad Company, heard by Judge T. A. McNeill and a jury, at June Term, 1904, of the Superior Court of Mecklenburg County. Erom a judgment for the plaintiff the defendant appealed.
1Opinion of the CourtClark, C. J.
There is an irreconcilable conflict between the version given for the plaintiff and for defendant. His Honor submitted both phases of the evidence to the jury and instructed them that if they should adopt the defendant’s version of the facts they must answer the first issue “No.”- The only exceptions are to the refusal to give three prayers for instruction asked by defendant, and fourthly to a paragraph in the charge, and are as follows: 1. Eefusal to charge that if the jury believed the evidence to answer the first issue “No.” This Was properly refused. There was evidence that at the time…
2Cases cited4 opinions
- Lassiter v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1903
- State v. RegisterSupreme Court of North Carolina · 1903
- Fulp v. Roanoke & Southern RailroadSupreme Court of North Carolina · 1897
- Smith v. Atlanta & Charlotte Air Line Railway Co.Supreme Court of North Carolina · 1903
3Cited by9 opinions
- State v. . RegisterSupreme Court of North Carolina · 1903
- Alley v. Howell.Supreme Court of North Carolina · 1906
- Lea v. Southern Public Utilities Co.Supreme Court of North Carolina · 1919
- Smith v. . R. R.Supreme Court of North Carolina · 1903
- Moore v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1923
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