{
  "id": 11270326,
  "name": "L. L. BLEVINS v. NORFOLK AND WESTERN RAILWAY COMPANY",
  "name_abbreviation": "Blevins v. Norfolk & Western Railway Co.",
  "decision_date": "1922-11-08",
  "docket_number": "",
  "first_page": "324",
  "last_page": "325",
  "citations": [
    {
      "type": "official",
      "cite": "184 N.C. 324"
    }
  ],
  "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": "182 N. C., 478",
      "category": "reporters:state",
      "reporter": "N.C.",
      "opinion_index": 0
    },
    {
      "cite": "162 N. C., 24",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        11270048
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/162/0024-01"
      ]
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    {
      "cite": "167 N. C., 277",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        11272239
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/167/0277-01"
      ]
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  "analysis": {
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    "simhash": "1:4080354f80002cfa",
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  "last_updated": "2023-07-14T19:54:19.408476+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "L. L. BLEVINS v. NORFOLK AND WESTERN RAILWAY COMPANY."
    ],
    "opinions": [
      {
        "text": "Stacy, J.\nPlaintiff\u2019s cow was killed by defendant\u2019s train on 2 December, 1920. It was tbe contention of tbe defendant tbat tbe billing was accidental, and tbat tbe train could not bave been stopped in time to bave prevented tbe injury. In reply to this, tbe plaintiff, as a witness in bis own bebalf, offered to testify witbin wbat distance tbe train\u2014 admittedly running from ten to fifteen miles an bour \u2014 could bave been stopped at tbat particular place. He stated tbat be was familiar with tbe track; tbat be bad often observed trains passing up and down tbe line; tbat there was a cut and a curve at tbe place where tbe cow was killed; and tbat be bad seen trains stop right near this particular point. There was also testimony to tbe effect tbat tbe engineer could bave seen tbe cow for a distance of four hundred feet. Upon objection, tbe witness was not allowed to answer, or to give bis proposed evidence. This ruling may bave been erroneous (Hanford v. R. R., 167 N. C., 277); but its materiality does not appear, as there is nothing on tbe record to show wbat tbe answer would bave been. Armfield v. R. R., 162 N. C., 24. Prejudicial error will not be presumed; it must be affirmatively established. In re Boss, 182 N. C., 478.\nNo error.",
        "type": "majority",
        "author": "Stacy, J."
      }
    ],
    "attorneys": [
      "Charles B. Spicer for plaintiff.",
      "T. C. Bowie for defendant."
    ],
    "corrections": "",
    "head_matter": "L. L. BLEVINS v. NORFOLK AND WESTERN RAILWAY COMPANY.\n(Filed 8 November, 1922.)\nAppeal and Error \u2014 Unanswered Questions \u2014 Presumptions\u2014Evidence.\nUpon the exception to the exclusion of an answer by the witness of a question, it must be made properly to appear what the expected answer would have been, to be considered on appeal, so that its materiality may appear of record, under the rule that prejudicial error will not be presumed, but must affirmatively be established by the appellant.\nAppeal by plaintiff from Finley, Jat July Term, 1922, of Ashe.\nCivil action to recover damages for tbe loss of plaintiff\u2019s cow, alleged to bave been killed by tbe negligent operation of defendant\u2019s train.\nFrom a judgment in favor of defendant, tbe plaintiff appealed.\nCharles B. Spicer for plaintiff.\nT. C. Bowie for defendant."
  },
  "file_name": "0324-01",
  "first_page_order": 380,
  "last_page_order": 381
}