{
  "id": 8655798,
  "name": "J. H. THOMAS and Wife v. F. W. ASHCRAFT",
  "name_abbreviation": "Thomas v. Ashcraft",
  "decision_date": "1912-04-03",
  "docket_number": "",
  "first_page": "496",
  "last_page": "497",
  "citations": [
    {
      "type": "official",
      "cite": "158 N.C. 496"
    }
  ],
  "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": {
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    "char_count": 3149,
    "ocr_confidence": 0.436,
    "sha256": "820fc2a5dae3867f6ed02603a32f4601a80d93b69505c4b232f8ceb0e4e9c491",
    "simhash": "1:d479ed78561ea454",
    "word_count": 544
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  "last_updated": "2023-07-14T16:45:05.014249+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "J. H. THOMAS and Wife v. F. W. ASHCRAFT."
    ],
    "opinions": [
      {
        "text": "Beown, J.\nThe plaintiff requested the court to submit the following issue: \u201cDid the defendant use profane language towards the plaintiff, Mima Thomas, and thereby frighten her, as alleged in the complaint ?\u201d\nPlaintiff further requested the court to instruct the jury, \u201c-If the jury should find from the evidence that the defendant used profane, language towards tbe plaintiff, and did this in an angry and mad manner, and this conduct frightened the plaintiff, then the jury should answer the second issue \u2018Yes.\u2019 \u201d\nHis Honor refused to submit the said issue and to give the said instruction. The plaintiff excepted.\nThere is abundant evidence upon the part of the feme plaintiff to prove that the defendant assaulted her, all of which is flatly denied by him, and the jury have taken his version of the matter.\nIt is unnecessary to discuss the propriety of the second issue as tendered by the plaintiff as a matter of law, for there is no evidence whatever in the record tending to prove that Mrs. Thomas was either frightened or injured by the defendant\u2019s \u201ccussing.\u201d\nOn the contrary, we judge from reading the evidence in this case that the feme plaintiff would be quite a match for the defendant, or any other ordinary man. She says 'that she\u2019 has always been a stout woman, that she has.never taken but one dose of medicine in her whole life, and that she never had a doctor to attend her except at the birth of her children, and that she did all of her housework, cooking, washing, ironing, etc.\nThat \u201ccuss\u201d words were not at all unfamiliar to her, and not calculated to frighten her, is manifested by her own testimony. She says: \u201cI have often heard my brother Josh and my other brothers- and all of my sisters curse. I have, also, heard my mother curse. It does not scare me to hear people curse. It was Mr. Ashcraft\u2019s jumping at me that scared me so bad, and caused me to give way.\u201d\nNow, the jury have negatived the fact that Mr. Ashcraft jumped at her, for that was the sole basis of an assault. We think, under the testimony, his Honor very properly refused both the issue and the instruction.\nNo error.",
        "type": "majority",
        "author": "Beown, J."
      }
    ],
    "attorneys": [
      "Bedwine & Silces for plaintiff.",
      "Williams, Lemmond & Love, and Stacie <fi Parleer for defendant."
    ],
    "corrections": "",
    "head_matter": "J. H. THOMAS and Wife v. F. W. ASHCRAFT.\n(Filed 3 April, 1912.)\nDamages \u2014 Fright \u2014 Profane Language \u2014 Instructions\u2014Appeal and Error.\nIn this action for damages alleged to have been caused to feme plaintiff, among other things, by fright from profane language used by defendant in an \u201cangry and mad manner,\u201d plaintiff\u2019s request for special instructions were properly refused, as from her own testimony it appears that she was not frightened by the defendant\u2019s manner and language.\nAppeal from Allen, J., at February Term, 1911, of UsrioN.\nThe following issues were submitted by the Court:\n1. Did the defendant assault the plaintiff, Mima Thomas, as alleged in the complaint?\n3. What damage, if any, is the plaintiff entitled to recover?\nThe jury answered the first issue \u201cNo.\u201d\nThere was a verdict and judgment for the defendant, and the plaintiff appealed.\nThe facts are sufficiently stated in the opinion of the Court by Mr. Justice Brown.\nBedwine & Silces for plaintiff.\nWilliams, Lemmond & Love, and Stacie <fi Parleer for defendant."
  },
  "file_name": "0496-01",
  "first_page_order": 540,
  "last_page_order": 541
}