{
  "id": 8629564,
  "name": "MRS. O. G. McKELLER v. FLOYD MARTIN and BLUE BIRD TAXIS, INC.",
  "name_abbreviation": "McKeller v. Martin",
  "decision_date": "1936-09-23",
  "docket_number": "",
  "first_page": "830",
  "last_page": "831",
  "citations": [
    {
      "type": "official",
      "cite": "210 N.C. 830"
    }
  ],
  "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": 137,
    "char_count": 1551,
    "ocr_confidence": 0.46,
    "sha256": "d6db37100c0e544cd9dffc17fee49fda93138104f81ced96d31f07b04b405864",
    "simhash": "1:5ff3152c723c09ff",
    "word_count": 259
  },
  "last_updated": "2023-07-14T17:57:05.250790+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "MRS. O. G. McKELLER v. FLOYD MARTIN and BLUE BIRD TAXIS, INC."
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nThe appellant assigns as error the following excerpt from his Honor\u2019s charge: \u201cIf you answer the (first) issue \u2018Yes,\u2019 you will proceed to the consideration of the second issue as to the damages sustained, if any, but if you fail to find by the greater weight of the evidence that the defendant was guilty of negligence, and that such negligence was the proximate cause of the plaintiff\u2019s injury, then you will answer the first issue \u2018Yes\u2019; otherwise, you will answer it \u2018No.\u2019\u201d The error is obvious. His Honor used the word \u201cYes\u201d where he should have used tbe word \u201cNo,\u201d and \u201cNo\u201d where be should have used \u201cYes.\u201d This error, evidently due to inadvertence, was one of the unavoidable casualties of the circuit, but, being material, it entitles the defendants to a new trial.\nError.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "Lee & Lee for plaintiff, appellee.",
      "John C. Cheesborough for defendants, appellants."
    ],
    "corrections": "",
    "head_matter": "MRS. O. G. McKELLER v. FLOYD MARTIN and BLUE BIRD TAXIS, INC.\n(Filed 23 September, 1936.)\nAppeal by the defendants from McElroy, J., at April Term, 1936, of Buncombe.\nError.\nThis was an action to recover damages for personal injuries alleged to have been inflicted by the negligent operation of an automobile, and was tried upon the following issues:\n\u201c1. Was the plaintiff injured by the negligence of the defendants, as alleged in the complaint?\n\u201c2. What amount of damages, if any, is plaintiff entitled to recover of defendants?\u201d\nThe first issue was answered \u201cYes\u201d and the second \u201c$500.00,\u201d and from judgment based on the verdict the defendants appealed, assigning errors.\nLee & Lee for plaintiff, appellee.\nJohn C. Cheesborough for defendants, appellants."
  },
  "file_name": "0830-01",
  "first_page_order": 896,
  "last_page_order": 897
}