Wall v. City Of Asheville
| Decision Date | 17 September 1941 |
| Docket Number | No. 106.,106. |
| Citation | 220 N.C. 38,16 S.E.2d 397 |
| Court | North Carolina Supreme Court |
| Parties | WALL. v. CITY OF ASHEVILLE. |
Appeal from Superior Court, Buncombe County; Allen H. Gwyn, Judge.
Action by Robertson Wall, administrator of the estate of Lucy E. Plympton, deceased, against the City of Asheville, a municipal corporation, for actionable negligence. From a judgment for plaintiff, defendant appeals.
No error.
This was an action for actionable negligence, alleging damage, brought by plaintiff against defendant.
The issues submitted to the jury and their answers thereto, were as follows:
Judgment was rendered on the verdict, as follows: "Now, therefore, it is ordered, adjudged and decreed that plaintiff have and recover of the defendant the sum of Five Thousand ($5,000.00) Dollars." De fendant excepted, assigned error and appealed to the Supreme Court.
Harkins, Van Winkle & Walton, of Asheville, for plaintiff.
Philip C. Cocke, Jr., and S. G. Bernard, both of Asheville, for defendant.
The defendant says in its brief that the following questions were involved: "Did the Court err in not granting defendant's motion for nonsuit at the close of plaintiff's evidence, and at the close of all the evidence, and refusing to admit certain evidence?" Neither of defendant's contentions can be sustained.
This case was first tried at the regular September 1940, Civil Term of the Superior Court of Buncombe County, at which time, and after the close of plaintiff's evidence, the action was dismissed by judgment of nonsuit. From such judgment, plaintiff appealed to the Supreme Court, and this Court, in its opinion and judgment rendered in February 1941 (219 N.C. 163, 13 S.E.2d 260), reversed the lower Court and held that there was sufficient evidence of negligence on the part of the defendant proximately causing the death of plaintiff's intestate, and that this question of negligence, together with the question of contributory negligence on the part of plaintiff's intestate, should be submitted to a jury. Thereafter, defendant filed a petition to rehear before this Court, which petition was, on the 18th day of April 1941,...
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...432, 184 S.E. 31; Robinson v. McAlhaney, 216 N.C. 674, 6 S.E.2d 517; Templeton v. Kelley, 216 N.C. 487, 5 S.E.2d 555; Wall v. City of Asheville, 220 N.C. 38, 16 S.E.2d 397; Pinnix v. Griffin, 221 N.C. 348, 20 S.E. 2d 366, 141 A.L.R. 1164; Bruce v. O'Neal Flying Service, 234 N.C. 79, 66 S.E.......
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...864; Randle v. Grady, 228 N.C. 159, 45 S.E.2d 35; Pinnix v. Griffin, 221 N.C. 348, 20 S.E.2d 366, 141 A.L.R. 1164; Wall v. City of Asheville, 220 N.C. 38, 16 S.E.2d 397; Simpson v. American Oil Co., 219 N.C. 595, 14 S.E.2d 638; McGraw v. Southern R. Co., 209 N.C. 432, 184 S.E. 31; Dixson v.......
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