Bennett v. Western Union Telegraph Co.

Supreme Court of North Carolina

Bennett v. Western Union Telegraph Co.

68 S.E. 202, 152 N.C. 671, 1910 N.C. LEXIS 345

DecidedMay 27, 1910

StatusPublished

This text of 68 S.E. 202 (Bennett v. Western Union Telegraph Co.) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bennett v. Western Union Telegraph Co., 68 S.E. 202, 152 N.C. 671, 1910 N.C. LEXIS 345 (N.C. 1910).

Pincite

Opinion

Brown, J.

The defendant requested the court to instruct the jury that upon the allegations of the complaint and the plaintiff’s testimony, as well as all the evidence, the action is barred by the statute of limitations.

This question has been fully considered at this term upon petition to rehear the case of Volivar v. Richmond Cedar Works, ante, 656. The disposition of that case upon rehearing controls this.

The prayer for instruction should have been given and the jury directed to answer the fourth issue Yes.

Error. Reversed.

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Brown, J.

The defendant requested the court to instruct the jury that upon the allegations of the complaint and the plaintiff’s testimony, as well as all the evidence, the action is barred by the statute of limitations.

This question has been fully considered at this term upon petition to rehear the case of Volivar v. Richmond Cedar Works, ante, 656. The disposition of that case upon rehearing controls this.

The prayer for instruction should have been given and the jury directed to answer the fourth issue Yes.

Error. Reversed.

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Bluebook (online)

68 S.E. 202, 152 N.C. 671, 1910 N.C. LEXIS 345, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bennett-v-western-union-telegraph-co-nc-1910.