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. |
From inside the book
Results 1-5 of 100
Page 36
... error in con- nection with the second issue , the issue being in form as fol- lows : " Did the insured die by his own act or hand with intent to commit suicide ? " The policy , bearing date June 18 , 1904 , contains a condi- tion that ...
... error in con- nection with the second issue , the issue being in form as fol- lows : " Did the insured die by his own act or hand with intent to commit suicide ? " The policy , bearing date June 18 , 1904 , contains a condi- tion that ...
Page 39
... error in the charge of the Court , and the judg- ment is affirmed . No Error . WALKER , J. , dissenting : It may be conceded that where nothing else appears but the fact that the death of the in- sured was caused by his own act , the ...
... error in the charge of the Court , and the judg- ment is affirmed . No Error . WALKER , J. , dissenting : It may be conceded that where nothing else appears but the fact that the death of the in- sured was caused by his own act , the ...
Page 43
... error . CARLETON v . RAILROAD . ( Filed November 13 , 1906 ) . Railroads Lessor and Lessee - Negligence - Liability- Pleadings Joinder of Defendants . 1. A railroad company which has leased its road - bed , track and rolling- stock to ...
... error . CARLETON v . RAILROAD . ( Filed November 13 , 1906 ) . Railroads Lessor and Lessee - Negligence - Liability- Pleadings Joinder of Defendants . 1. A railroad company which has leased its road - bed , track and rolling- stock to ...
Page 56
... Error . DEFENDANT'S APPEAL . CLARK , C. J. It was error to refuse to admit the testimony of the agent of the company which was surety on the prose- cution bond in this action , that for a payment of ten dollars it would have signed a ...
... Error . DEFENDANT'S APPEAL . CLARK , C. J. It was error to refuse to admit the testimony of the agent of the company which was surety on the prose- cution bond in this action , that for a payment of ten dollars it would have signed a ...
Page 58
... error in any aspect of the case to instruct the jury to answer the first issue " Yes . " If the officer levied , as it seems that he did , on an excessive quantity of property , the plaintiff in the attachment was not liable for the ...
... error in any aspect of the case to instruct the jury to answer the first issue " Yes . " If the officer levied , as it seems that he did , on an excessive quantity of property , the plaintiff in the attachment was not liable for the ...
Contents
34 | |
131 | |
147 | |
209 | |
218 | |
244 | |
257 | |
285 | |
652 | |
686 | |
689 | |
697 | |
706 | |
715 | |
729 | |
730 | |
294 | |
316 | |
326 | |
484 | |
512 | |
520 | |
527 | |
549 | |
563 | |
570 | |
628 | |
642 | |
740 | |
744 | |
761 | |
767 | |
774 | |
776 | |
777 | |
784 | |
793 | |
801 | |
807 | |
808 | |
Other editions - View all
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.