Lassiter v. Seaboard Air Line Ry. Co.
Decision Date | 29 March 1916 |
Docket Number | 256. |
Citation | 88 S.E. 335,171 N.C. 283 |
Parties | LASSITER v. SEABOARD AIR LINE RY. CO. |
Court | North Carolina Supreme Court |
Appeal from Superior Court, Wake County; Peebles, Judge.
Action by Charles Lassiter against the Seaboard Air Line Railway Company. From a judgment for plaintiff, defendant appeals. New trial ordered.
The first issue submitted by the charge was: "Was the plaintiff injured by the negligence of the defendant as alleged in the complaint?"
This action was brought to recover damages for personal injuries alleged to have been caused by negligence of the defendant. The particular nature of the cause of action will appear from a recital of material parts of the testimony.
Charles Lassiter, the plaintiff, in his own behalf testified:
Leo Black, witness for plaintiff, testified:
There was some evidence as to the nature and extent of plaintiff's injury, and as to damages, but it is not necessary to be stated.
Defendant requested the court to charge the jury as follows:
"If the jury should find that the jar of the engine on which the plaintiff was employed was caused by coupling another engine to this engine and that this coupling was made in the usual and proper manner, you will answer the first issue 'No.' "
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Beck v. Hooks
... ... Court is not a judge of the credibility of the evidence ... Lassiter v. Seaboard, etc., R. R., 171 N.C. 283, 88 ... S.E. 335; Hill v. Norfolk, etc., R. R., 195 N.C ... ...
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... ... right of way of defendant's power line of undergrowth, ... bushes and trees for a distance of six miles from the power ... house to ... the jury, and the judge is without power to take it away from ... them. Lassiter v. Seaboard Air Line Railroad Co., ... 171 N.C. 283, 88 S.E. 335; Hill v. Norfolk Southern ... ...
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...v. Case, 253 N.C. 130, 116 S.E.2d 429 (1960), cert. denied, 365 U.S. 830, 81 S.Ct. 717, 5 L.Ed.2d 707 (1961); Lassiter v. Seaboard Air Line Ry., 171 N.C. 283, 88 S.E. 335 (1916). Where testimony which is offered to corroborate the testimony of another witness does so substantially, it is no......
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Corporation Commission of North Carolina v. Merchants' Bank & Trust Co.
...is so inconsistent and conflicting as to require its submission to the jury. Lamb v. Perry, 169 N.C. 436, 86 S.E. 179; Lassiter v. Railroad, 171 N.C. 283, 88 S.E. 335; Evans v. Lumber Co., 174 N.C. 31, 93 S.E. 430, A. L. R. 1498. As to these three issues there must be a new trial. We find n......