Perry v. Western North Carolina Railroad
Supreme Court of North Carolina
ActioN b,y J. A. Perry, administrator, against the Western North Carolina Eailroad Company, heard by Judge M. il. Justice and a jury, at August Term, 1901, of the Superior Court of BueKb County. T. A. Simpson, a juror, was challenged by plaintiff because he was related to E. E. Simpson, conductor of the train which killed plaintiffs intestate, E. E. Simpson being a witness for the defendant. The Court, in its discretion, excused the juror, to which defendant excepted.
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ActioN b,y J. A. Perry, administrator, against the Western North Carolina Eailroad Company, heard by Judge M. il. Justice and a jury, at August Term, 1901, of the Superior Court of BueKb County. T. A. Simpson, a juror, was challenged by plaintiff because he was related to E. E. Simpson, conductor of the train which killed plaintiffs intestate, E. E. Simpson being a witness for the defendant. The Court, in its discretion, excused the juror, to which defendant excepted. Prom a judgment-for the plaintiff, the defendant appealed.
1Opinion of the CourtDouglas, J.
Tbis case was before us at tbe last term of tbis Court, being reported in 128 N. C., 471. Tbe questions there decided remain tbe law of tbe case, and .can not be re beard under tbe form of a second appeal. Pretzfelder v. Ins. Co., 123 N. C., 164; Shoaf v. Frost, 127 N. C., 306; Wright v. Railroad, 128 N. C., 77; Kramer v. Railway Co., 128 N. C., 269. Tbe case now practically presents tbe same material points tben decided, except tbe error for which a new trial was tben granted. As we see no substantial error in tbe trial of the action, we must affirm tbe verdict.
We see no error in his Honor…
2Cases cited13 opinions
- Aycock v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1883
- Norton v. North Carolina RailroadSupreme Court of North Carolina · 1898
- Pretzfelder v. Merchants Insurance Co. of NewarkSupreme Court of North Carolina · 1898
- Logan v. North Carolina RailroadSupreme Court of North Carolina · 1895
- Tillett v. Norfolk & Western R. R.Supreme Court of North Carolina · 1896
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