Home/Supreme Court of North Carolina/Westmoreland v. SOUTHERN RAILWAY COMPANY

Westmoreland v. SOUTHERN RAILWAY COMPANY

116 S.E.2d 350, 253 N.C. 197, 1960 N.C. LEXIS 470
CourtSupreme Court of North Carolina
DecidedOctober 12, 1960
Docket28
StatusPublished
Cited by4 cases

This text of 116 S.E.2d 350 (Westmoreland v. SOUTHERN RAILWAY COMPANY) 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
Westmoreland v. SOUTHERN RAILWAY COMPANY, 116 S.E.2d 350, 253 N.C. 197, 1960 N.C. LEXIS 470 (N.C. 1960).

Opinion

PeR Cueiam.

The court sustained the objections to two questions whether a fire will start along a railroad track (1) by reason of defective brakes and (2) by reason of friction between the wheels and the track. The plaintiff assigns the above as error No. 1. Failure to show what the witness would have answered renders the ruling nonprejudicial. Other objections need not be discussed.

The other seven assignments of error relate to the charge. Careful examination fails to show error in any of the particulars assigned.

The critical issue was one of fact which the jury answered against the plaintiff upon whom the law placed the burden of proof.

No error.

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Related

Currence v. Hardin
249 S.E.2d 387 (Supreme Court of North Carolina, 1978)
State v. Bailey
182 S.E.2d 881 (Court of Appeals of North Carolina, 1971)
Eubanks v. Eubanks
159 S.E.2d 562 (Supreme Court of North Carolina, 1968)
State v. Peeden
117 S.E.2d 398 (Supreme Court of North Carolina, 1960)

Cite This Page — Counsel Stack

Bluebook (online)
116 S.E.2d 350, 253 N.C. 197, 1960 N.C. LEXIS 470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/westmoreland-v-southern-railway-company-nc-1960.