{
  "id": 11274316,
  "name": "PHILLIPS v. WILMINGTON AND WELDON RAILROAD CO.",
  "name_abbreviation": "Phillips v. Wilmington & Weldon Railroad",
  "decision_date": "1902-06-10",
  "docket_number": "",
  "first_page": "582",
  "last_page": "583",
  "citations": [
    {
      "type": "official",
      "cite": "130 N.C. 582"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "119 N. C., 591",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8655771
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/119/0591-01"
      ]
    }
  ],
  "analysis": {
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    "simhash": "1:acbcdd40f9f0f62e",
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  "last_updated": "2023-07-14T15:31:43.301896+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "PHILLIPS v. WILMINGTON AND WELDON RAILROAD CO."
    ],
    "opinions": [
      {
        "text": "Clark, J.\nAt the close of the evidence the defendants handed up to the Court the following paper: \u201cDefendant\u2019s prayers. The defendant requests the Court to charge the jury in writing, and as follows: First\u201d (here follows ten prayers, duly numbered). The exception 3 is that the Court did not put the whole charge in writing. This is the sole point presented by the appeal, for exception 1 is abandoned; exception 2 is to allowing the witness to explain what he meant by a remark wbicb be testified be bad made, and is without merit, and exception 4 is to refusal of a new trial for above alleged errors.\nWe tbink bis Honor correctly beld tbat tbe language of defendant\u2019s request \u201cto charge tbei jury in writing, and as follows,\u201d and entitled \u201cDefendant\u2019s prayers,\u201d was a request under The Code, Sec. 415, solely to> deliver those instructions ro tbe jury, and was not a request to put tbe entire charge in uniting, under tbe provisions of Tbe Code, Sec. 414. Tbe addition of tbe words, \u201cand as follows,\u201d restricts the request to tbe written matter wbicb followed. Tbe defendant did not, at tbe conclusion of tbe charge, by exception or otherwise, indicate to tbe Judge tbat be expected tbe whole charge to be in writing, and if tbe defendant\u2019s counsel himself pat such construction on bis prayers, it would have been but just to tbe Judge and to tbe opposite party to have made that known while tbe matter could have been corrected, and not have waited till after verdict. By not excepting in apt time, objection was waived.\nTbe charge seems to have been quite full and almost all in writing, a large part being tbe written requests to' charge; but if there bad been a request to put tbe charge in writing, it would have been tbe duty of tbe Judge to put bis whole charge as to tbe law- \u2014 -but not tbe recapitulation of tbe evidence \u2014 in writing. Bank v. Sumner, 119 N. C., 591, and other cases collected in Clark\u2019s Code (3d Ed.), page 538.\nNo Error.",
        "type": "majority",
        "author": "Clark, J."
      }
    ],
    "attorneys": [
      "Okas. F. Warren,, and Rodman & Rodman, for the plaintiff.",
      "Small & McLean, for the defendant."
    ],
    "corrections": "",
    "head_matter": "PHILLIPS v. WILMINGTON AND WELDON RAILROAD CO.\n(Filed June 10, 1902.)\n1. INSTRUCTIONS \u2014 Judge\u2014The Qode, Sec. 4H-\nA request that the trial judge \u201ccharge the jury in writing, and as follows\u201d (here follow the prayers), is a request solely to deliver those instructions to the jury, and is not a request . to put the entire charge in writing.\n2. INSTRUCTIONS \u2014 Exceptions and Objections \u2014 Assignment of\nError \u2014 The Code, Bee. 414-\nException to failure to give instructions in writing must he made before verdict.\n3. INSTRUCTIONS \u2014 Judge\u2014The Code, Sec. 414 \u2014 Evidence.\nA request to give instructions in writing, under The Code, Sec. 414, does not require that the recapitulation of evidence he in writing.\nActioN by J. L. Phillips against the Wilmington and Weldon Railroad Company, heard by Judge George LI. Brown and a jury, at October Term, 1901, of the Superior Court of Beaufort County. From a judgment for the plaintiff, the defendant appealed.\nOkas. F. Warren,, and Rodman & Rodman, for the plaintiff.\nSmall & McLean, for the defendant."
  },
  "file_name": "0582-01",
  "first_page_order": 620,
  "last_page_order": 621
}