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 1
... train is in motion , " to leave his seat and go upon the platform of the car for the purpose of getting off at his destination , when the train had slowed down almost to a com- plete stop , and “ All off ! ” had been called out by the ...
... train is in motion , " to leave his seat and go upon the platform of the car for the purpose of getting off at his destination , when the train had slowed down almost to a com- plete stop , and “ All off ! ” had been called out by the ...
Страница 2
... train . The plaintiff testified that he boarded the train at Scot- land Neck , and had a ticket for Springhill , his destination . The conductor took up the ticket and informed the brakeman that he had a passenger for Springhill . The ...
... train . The plaintiff testified that he boarded the train at Scot- land Neck , and had a ticket for Springhill , his destination . The conductor took up the ticket and informed the brakeman that he had a passenger for Springhill . The ...
Страница 3
... train . " In the case at bar the evidence of the plaintiff tended to prove that he boarded the defendant's mixed train at Scot- land Neck for Springhill ; that the conductor , when he took up his ticket , told the brakeman to stop at ...
... train . " In the case at bar the evidence of the plaintiff tended to prove that he boarded the defendant's mixed train at Scot- land Neck for Springhill ; that the conductor , when he took up his ticket , told the brakeman to stop at ...
Страница 26
... train a public crossing , which was the proximate cause of an injury received by the plaintiff when his horse was running beyond his control , though the mere obstruction at the time did not , in itself , constitute negligence , unless ...
... train a public crossing , which was the proximate cause of an injury received by the plaintiff when his horse was running beyond his control , though the mere obstruction at the time did not , in itself , constitute negligence , unless ...
Страница 27
... train standing across the street which made it impossible for him to pass . He alleges that the freight train was unnecessarily there , and had been there for a long time , across the street and extended for some distance on either side ...
... train standing across the street which made it impossible for him to pass . He alleges that the freight train was unnecessarily there , and had been there for a long time , across the street and extended for some distance on either side ...
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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 9 - The assured will take a complete itemized inventory of stock on hand at least once in each calendar year, and, unless such inventory has been taken within twelve calendar months prior to the date of this policy, one shall be taken in detail within thirty days of issuance of this policy, or this policy shall be null and void from such date, and upon demand of the assured the unearned premium from such date shall be returned.
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...