Hobbs v. New Bern-Ghent Street Railway Co.

Supreme Court of North Carolina

Hobbs v. New Bern-Ghent Street Railway Co.

180 N.C. 129

DecidedOctober 6, 1920

StatusPublished

This text of 180 N.C. 129 (Hobbs v. New Bern-Ghent Street Railway 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

Hobbs v. New Bern-Ghent Street Railway Co., 180 N.C. 129 (N.C. 1920).

Pincite

Opinion

AlleN, J.

We are of opinion, upon an examination of tbe whole evidence, tbat there is a conflict in tbe testimony, and tbat there is some evidence tbat plaintiff was an independent contractor, and, therefore, tbat bis Honor committed error in giving a peremptory instruction to tbe jury.

We refrain from discussing tbe evidence, because, in doing so, we might give undue weight to certain phases of it, and prejudice the rights of tbe parties upon another trial.

New trial.

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AlleN, J.

We are of opinion, upon an examination of tbe whole evidence, tbat there is a conflict in tbe testimony, and tbat there is some evidence tbat plaintiff was an independent contractor, and, therefore, tbat bis Honor committed error in giving a peremptory instruction to tbe jury.

We refrain from discussing tbe evidence, because, in doing so, we might give undue weight to certain phases of it, and prejudice the rights of tbe parties upon another trial.

New trial.

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Bluebook (online)

180 N.C. 129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hobbs-v-new-bern-ghent-street-railway-co-nc-1920.