Short v. . Kaltman

Supreme Court of North Carolina

Short v. . Kaltman

134 S.E. 425, 192 N.C. 154, 1926 N.C. LEXIS 241

CourtSupreme Court of North Carolina

DecidedSeptember 15, 1926

StatusPublished

Cited by6 cases

This text of 134 S.E. 425 (Short v. . Kaltman) 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

Short v. . Kaltman, 134 S.E. 425, 192 N.C. 154, 1926 N.C. LEXIS 241 (N.C. 1926).

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Opinion

Stacy, C. J.,

after stating the case: The appeal presents the single question as to whether the plaintiff, Frank H. Short, on the instant record, is entitled to execution against the person of Orris N. Brinkley. We think not.

In the first place, it will be observed that in the complaint the words “reckless” and “wanton” are used conjunctively, which, when thus employed, convey the meaning of wilful misconduct or intentional wrong. Bailey v. R. R., 149 N. C., 169. But in the issue submitted to the jury, the word “wanton” is omitted, and only the word “reckless” is' used. The record discloses none of the evidence adduced on the hearing *156 nor the charge of the court to the jury, hence we are required to say whether or not the bare language of the 4th issue, ex vi termini, imports liability to arrest.

The word “reckless” has several meanings, and may vary in color and content according to the circumstances and the time in which it.is used. Towne v. Eisner, 245 U. S., 418. In a mild sense, it means no more than careless, inattentive, or negligent, while as a harsher term, it may mean desperately heedless, wanton or wilful. Pegram v. R. R., 139 N. C., 303; 4 Words & Phrases, 207.

It is a recognized principle with us that a verdict may be interpreted and allowed significance by proper reference to the pleadings, the evidence and the charge of the court. Reynolds v. Express Co., 172 N. C., 491; Sitterson v. Sitterson, 191 N. C., 319; Kannan v. Assad, 182 N. C., 77. But here we are not advised as to what the evidence was, nor how it was presented to the jury. The trial court was of the opinion that the plaintiff was not entitled to an order of arrest and bail, or to an execution against the person of the defendant, Orris. N. Brinkley. We cannot say, from the record as presented, that there was error in his ruling.

It has been held, in a number of decisions on the subject, that a mere negligent injury, without more, will not authorize an arrest and holding to bail, or an execution against the person. Swain v. Oakey, 190 N. C., 113; Coble v. Medley, 186 N. C., 479; Weathers v. Baldwin, 183 N. C., 276; Oakley v. Lasater, 172 N. C., 96.

The record is apparently free from error, hence the judgment, as entered, must be upheld.

No error.

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Stacy, C. J.,

after stating the case: The appeal presents the single question as to whether the plaintiff, Frank H. Short, on the instant record, is entitled to execution against the person of Orris N. Brinkley. We think not.

In the first place, it will be observed that in the complaint the words “reckless” and “wanton” are used conjunctively, which, when thus employed, convey the meaning of wilful misconduct or intentional wrong. Bailey v. R. R., 149 N. C., 169. But in the issue submitted to the jury, the word “wanton” is omitted, and only the word “reckless” is' used. The record discloses none of the evidence adduced on the hearing *156 nor the charge of the court to the jury, hence we are required to say whether or not the bare language of the 4th issue, ex vi termini, imports liability to arrest.

The word “reckless” has several meanings, and may vary in color and content according to the circumstances and the time in which it.is used. Towne v. Eisner, 245 U. S., 418. In a mild sense, it means no more than careless, inattentive, or negligent, while as a harsher term, it may mean desperately heedless, wanton or wilful. Pegram v. R. R., 139 N. C., 303; 4 Words & Phrases, 207.

It is a recognized principle with us that a verdict may be interpreted and allowed significance by proper reference to the pleadings, the evidence and the charge of the court. Reynolds v. Express Co., 172 N. C., 491; Sitterson v. Sitterson, 191 N. C., 319; Kannan v. Assad, 182 N. C., 77. But here we are not advised as to what the evidence was, nor how it was presented to the jury. The trial court was of the opinion that the plaintiff was not entitled to an order of arrest and bail, or to an execution against the person of the defendant, Orris. N. Brinkley. We cannot say, from the record as presented, that there was error in his ruling.

It has been held, in a number of decisions on the subject, that a mere negligent injury, without more, will not authorize an arrest and holding to bail, or an execution against the person. Swain v. Oakey, 190 N. C., 113; Coble v. Medley, 186 N. C., 479; Weathers v. Baldwin, 183 N. C., 276; Oakley v. Lasater, 172 N. C., 96.

The record is apparently free from error, hence the judgment, as entered, must be upheld.

No error.

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134 S.E. 425, 192 N.C. 154, 1926 N.C. LEXIS 241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/short-v-kaltman-nc-1926.

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