Eley v. Atlantic Coast Line Railroad

80 S.E. 1064, 165 N.C. 78, 1914 N.C. LEXIS 221

• Court: Supreme Court of North Carolina
• Decided: March 4, 1914
• Status: Published

Opinion

AlleN, J.

A jury trial being waived, the findings of fact by the judge are as conclusive as, the verdict of a jury, when there is evidence to support them (Matthews v. Fry, 143 N. C., 385); and in this case it cannot be said there was no evidence to support the findings, because the burden of proof was on the plaintiff to establish negligence, and his Honor had the right which a jury could have exercised, to say that the evidence of the plaintiff did not satisfy him that the defendant was negligent.

There was only one fact in controversy, negligence, and upon a finding upon this adverse to the plaintiff, only one conclusion of law could follow, that the plaintiff take nothing by his action; and an inspection of the record discloses that the decision of the judge was “given in writing,” and that the finding of fact and the conclusion of law are stated separately.

This is, in our opinion, a full compliance witb Revisal, sec. 541.

Tbe fact upon wbicb tbe right to recover depends 'has been found against the plaintiff by the- tribunal of' his own selection, and there i§ no error,

Affirmed.