North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina, Volume 143Nichols & Gorman, book and job printers, 1907 - Law reports, digests, etc Cases argued and determined in the Supreme Court of North Carolina. |
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Results 1-5 of 100
Page 35
... defendant's answer which admitted that deceased died on the 25th of April , 1905 . According to the authorities , this testimony makes out a prima facie case for plaintiff , and nothing else appearing , would justify the charge of the ...
... defendant's answer which admitted that deceased died on the 25th of April , 1905 . According to the authorities , this testimony makes out a prima facie case for plaintiff , and nothing else appearing , would justify the charge of the ...
Page 51
... defendant tending to prove that the broken link had not become crystallized , the Court erred in declining to give defendant's special instruction that " if the jury find from the evidence that the link of the chain was not crystallized ...
... defendant tending to prove that the broken link had not become crystallized , the Court erred in declining to give defendant's special instruction that " if the jury find from the evidence that the link of the chain was not crystallized ...
Page 52
... defendant's prayer for instruction was inferentially given . This is not sufficient . The Court should have given the prayer definitely and with certainty . The defendant was entitled to that , for it is plain to us that if the chain ...
... defendant's prayer for instruction was inferentially given . This is not sufficient . The Court should have given the prayer definitely and with certainty . The defendant was entitled to that , for it is plain to us that if the chain ...
Page 53
... defendant's appeal a new trial is necessary , but we deem it proper to say that in this State Judges of the Superior ... defendant's appeal be taxed against plaintiff and costs of plaintiff's appeal be taxed against defendant . New Trial ...
... defendant's appeal a new trial is necessary , but we deem it proper to say that in this State Judges of the Superior ... defendant's appeal be taxed against plaintiff and costs of plaintiff's appeal be taxed against defendant . New Trial ...
Page 55
... defendant laid all the facts before his counsel and sued out the attachment under his advice , this is evidence to ... defendant's cars were attached , and it not offering to give bond , the said ten cars were held two years , when the ...
... defendant laid all the facts before his counsel and sued out the attachment under his advice , this is evidence to ... defendant's cars were attached , and it not offering to give bond , the said ten cars were held two years , when the ...
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Common terms and phrases
admission admitted agent alleged answer appeal APPLICANTS FOR LICENSE attorneys authority bonds breach Buncombe County caboose cars cause of action charter cited Clerk Commissioners competent Constitution construction contract contributory negligence corporation COTTON MILLS counsel County court of equity damages decision declarations deed defective defendant defendant's duty employee engine entitled error evidence excepted execution facts fraud freight heard by Judge held Honor injury insured issue John Helms judgment judicial jurisdiction jury Justice land lease Legislature LEMLY lessee liability Linebarger machine matter ment motion nonsuit North Carolina Railroad notice O. H. Allen opinion paid paper-writing parties passenger person plaintiff practise principle proceeding purpose question Railroad Co Railroad Company reason recover Revisal road rule says statute Superior Court supra Supreme Court sustained switch Telegraph testator testified testimony tiff tion townships track train trial ultra vires valid verdict witness
Popular passages
Page 105 - Constitutes a Holder in Due Course. A holder in due course is a holder who has taken the instrument under the following conditions: 1. That it is complete and regular upon its face; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3. That he took it in good faith and for value; 4. That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person...
Page 667 - And be it enacted, that if any person being married, shall marry any other person during the life of the former husband or wife, whether the second marriage shall have taken place in England or elsewhere, every such offender, and every person counselling, aiding, or abetting such offender, shall be guilty of felony...
Page 101 - A holder in due course is a holder who has taken the instrument under the following conditions : — 1. That it is complete and regular upon its face ; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3. That he took it in good faith and for value; 4. That at the time it was negotiated to him he had no notice of any...
Page 596 - That principle is, that where a corporation, like a railroad company, has granted to it by charter a franchise intended in large measure to be exercised for the public good, the due performance of those functions being the consideration of the public grant, Opinion of the Court.
Page 282 - There must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 744 - When a thing which causes injury is shown to be under the management of the defendant, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from a want of care.
Page 13 - The legislature may undoubtedly prescribe qualifications for the office, to which he must conform, as it may, where it has exclusive jurisdiction, prescribe qualifications for the pursuit of any of the ordinary avocations of life.
Page 650 - ... or which shall be committed in the perpetration or attempt to perpetrate any arson, rape, robbery or burglary, shall be deemed murder of the first degree; and all other kinds of murder shall be deemed murder in the second degree...
Page 315 - In case any passenger on any railroad shall be injured while on the platform of a car, or on any baggage, wood, or freight car, in violation of the printed regulations of the company posted up at the time in a conspicuous place inside of its passenger cars then in the train, such company shall not be liable for the injury ; provided said company at the time furnished room inside its passenger cars sufficient for the proper accommodation of the passengers.
Page 784 - Upon a review of the cases which are reported, this court is of opinion, that a letter written within a reasonable time before or after the date of a bill of exchange, describing it in terms not to be mistaken, and promising to accept it, is, if shown to the person who afterwards takes the bill on the credit of the letter, a verbal acceptance binding the person who makes the promise.