{
  "id": 8655379,
  "name": "T. B. CURTIS, Administrator, v. SOUTHERN RAILWAY COMPANY et al.",
  "name_abbreviation": "Curtis v. Southern Railway Co.",
  "decision_date": "1909-12-23",
  "docket_number": "",
  "first_page": "523",
  "last_page": "524",
  "citations": [
    {
      "type": "official",
      "cite": "151 N.C. 523"
    }
  ],
  "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": [],
  "analysis": {
    "cardinality": 169,
    "char_count": 1920,
    "ocr_confidence": 0.473,
    "sha256": "46efd6b164cac510ed87513261d17c2f23b081c0c0734032d4730ebe46d51212",
    "simhash": "1:543b5382db0bcd1b",
    "word_count": 342
  },
  "last_updated": "2023-07-14T21:30:26.349792+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "The Chief Justice did not sit on the hearing of this case."
    ],
    "parties": [
      "T. B. CURTIS, Administrator, v. SOUTHERN RAILWAY COMPANY et al."
    ],
    "opinions": [
      {
        "text": "Per Curiam: :\n1. In respect to tlie issue of negligence, the matter in controversy is one of fact purely, with, the burden upon the defendants to show that they discharged their duty to the passenger, and we find no error committed on the trial of it.\n2. In respect to the assignment of error in the charge of the judge upon the issue of damage, we are of ojiinion that it is unnecessary to |>ass upon or discuss it. The evidence in regard to the net earnings of the deceased, and his age and condition in life, business, etc., is uncontradicted, and we think that it fully warrants the sum awarded by the jury, even if it be gauged with reference to the theory contended for by defendant.\nNo error.\nThe Chief Justice did not sit on the hearing of this case.",
        "type": "majority",
        "author": "Per Curiam: :"
      }
    ],
    "attorneys": [
      "Zeh. F. Curtis and Craig, Martin & Thompson for plaintiff.",
      "Moore & Rollins and W. B. Rodman for defendant."
    ],
    "corrections": "",
    "head_matter": "T. B. CURTIS, Administrator, v. SOUTHERN RAILWAY COMPANY et al.\n(Filed 23 December, 1909.)\n1. Questions for Jury.\nIn this ease tbe issue as to negligence was one entirely of facts, with tbe burden of proof on defendant, and no error is found to bave been committed on tbe trial.\n2. Measure of Damages.\nIn this case no error is found on tbe part of tbe lower court upon tbe issue of damages, as upon tbe evidence tbe damages awarded were proper upon defendant\u2019s own theory.\nClark, C. J., did not sit on the bearing of this ease.\nAppeal from J osepb S. Adams, J., September Term, 1909, of BUNCOMBE.\nCivil action, to recover damages on account of tbe negligent killing of plaintiff\u2019s intestate, B. Allen Bryant, a passenger, who was admitted to bave been killed in a collision between a passenger and freight train of defendant company, alleged to bave been caused by tbe negligence of tbe defendant Leonard, a brakeman in tbe company\u2019s employment.\nThe two issues of negligence and damage were submitted and found for tbe plaintiff. Tbe defendant appealed.\nZeh. F. Curtis and Craig, Martin & Thompson for plaintiff.\nMoore & Rollins and W. B. Rodman for defendant."
  },
  "file_name": "0523-01",
  "first_page_order": 567,
  "last_page_order": 568
}