North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina, Том 144Nichols & Gorman, book and job printers, 1907 Cases argued and determined in the Supreme Court of North Carolina. |
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Страница 20
... instruction . It appears that defend- ant's trolley is operated upon what is termed the Zone System , in the manner described by the witnesses . The defendant's testimony tended to show that the car which plaintiff at- tempted to board ...
... instruction . It appears that defend- ant's trolley is operated upon what is termed the Zone System , in the manner described by the witnesses . The defendant's testimony tended to show that the car which plaintiff at- tempted to board ...
Страница 21
... instruction defendant excepts . We find no error in the instruction . The measure of duty on the part of the defendant , laid down for the guidance of the jury , is in strict accordance with the best - considered authorities and with ...
... instruction defendant excepts . We find no error in the instruction . The measure of duty on the part of the defendant , laid down for the guidance of the jury , is in strict accordance with the best - considered authorities and with ...
Страница 37
... Instructions - Facts Reasonably Assumed from Evidence . -It is the duty of the trial Judge to give a requested prayer for special instruction , which is correct in itself , material to the case and based upon certain phases of facts ...
... Instructions - Facts Reasonably Assumed from Evidence . -It is the duty of the trial Judge to give a requested prayer for special instruction , which is correct in itself , material to the case and based upon certain phases of facts ...
Страница 39
... , contributory negligence , the last and damages were submitted to the jury . clear chance The substance of the instruction which was requested by BAKER V. RAILROAD . the plaintiff upon the first issue N. C. ] 39 SPRING TERM , 1907 .
... , contributory negligence , the last and damages were submitted to the jury . clear chance The substance of the instruction which was requested by BAKER V. RAILROAD . the plaintiff upon the first issue N. C. ] 39 SPRING TERM , 1907 .
Страница 41
... instruction asked to be given , pro- vided in responding to the prayer it does not change the sense or so qualify the instruction as to weaken its force . Brink v . Black , 77 N. C. , 59 ; Chaffin v . Manufacturing Co. , 135 BAKER V ...
... instruction asked to be given , pro- vided in responding to the prayer it does not change the sense or so qualify the instruction as to weaken its force . Brink v . Black , 77 N. C. , 59 ; Chaffin v . Manufacturing Co. , 135 BAKER V ...
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adverse possession Affirmed agent alleged answer appeal applied authority bond carrier cause of action charge cited CIVIL ACTION claim complaint consignee contract contributory negligence controversy conveyance conveyed corporation counsel County court of equity creditors damages debt deed defendant company defendant's demurrer domicile Durham duty entitled entry equity error estoppel executed executors facts fendant Filed heirs held Honor injury instruction Insurance interest intestate issue Johnson Judge judgment jury Justice land liable Lumber Medlin ment mortgage motion negligence nonsuit North Carolina O. H. Allen opinion paid parties payment Peden penalty person petition plaintiff pleadings possession proper proximate cause purchaser purpose question Railroad Company RAILWAY reason recover refused Register of Deeds rendered Revisal rule says Southern Railway Company statute street submitted sufficient Superior Court supra sustained tending to show Term testified testimony tiff tion TOBACCO track tract trial Williams
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Страница 445 - ... if the words are free from ambiguity and doubt, and express plainly, clearly and distinctly, the sense of the framers of the instrument, there is no occasion to resort to other means of interpretation. It is not allowable to interpret what has no need of interpretation...
Страница 412 - By a plaintiff not a resident of this State, when the cause of action shall have arisen, or the subject of the action shall be situated, within this State.
Страница 326 - She was bound to listen and to look before attempting to cross the railroad track, in order to avoid an approaching train, and not to walk carelessly into the place of possible danger. Had she used her senses, she could not have failed both to hear and to see the train which was coming. If she omitted to use them, and walked thoughtlessly upon the track, she was guilty of culpable negligence, and so far contributed to her injuries as to deprive her of any right to complain of others.
Страница 141 - A separate defense may defeat a joint recovery, but it cannot deprive a plaintiff of his right to prosecute his own suit to final determination in his own way. The cause of action is the subject-matter of the controversy, and that is, for all the purposes of the suit, whatever the plaintiff declares it to be in his pleadings.
Страница 417 - It is also settled that the laws which subsist at the time and place of the making of a contract, and where it is to be performed, enter into and form a part of it, as if they were expressly referred to or incorporated in its terms. This principle embraces alike those which affect its validity, construction, discharge, and enforcement.
Страница 253 - ... is to be performed, and to keep them in repair and order. This duty he cannot delegate to a servant, so as to exempt himself from liability for injuries caused to another servant by its omission. lndeed, no duty required of him for the safety and protection of his servants can be transferred, so as to exonerate him from such liability.
Страница 745 - Having no absolute right of recognition in other States, but depending for such recognition and the enforcement of its contracts upon their assent, it follows, as a matter of course, that such assent may be granted upon such terms and conditions as those States may think proper to impose.
Страница 141 - It Is well settled that an action of tort, which might have been brought against many persons or against any one or more of them, and which is brought in a state court against all jointly, contains no separate controversy which will authorize Its removal by some of the defendants into the Circuit Court of the United States, even if they file separate answers and set up different defenses from the other defendants, and allege that they are not jointly liable with them, and that their own controversy...
Страница 566 - This is all the more Important In view of the fact that the verdict of the jury and proceedings thereunder are conclusive until set aside in some proceeding instituted for that purpose. So frequently persons falling within the class called "idiots...