29 S.E. 939 | N.C. | 1898
This is an action brought to recover damages for injuries received by the plaintiff through the alleged negligence of the defendant. The plaintiff was a passenger on the defendant's train, and upon arriving at its destination at night stepped off the car and was injured. There was conflicting testimony as to what was said by the porter, and also conflicting testimony as to the condition and conduct of the plaintiff. With the credibility and weight of this testimony we have nothing to do, as there was certainly more than a mere scintilla on either side of both issues, and therefore they were properly left to the jury. The defendant's exceptions relate exclusively to the charge, and refusal to charge, by the Court, and none of them can be sustained. All exceptions relating to the first issue, which was found for the plaintiff, have been cured by the verdict. This case was here before, Hodges v.R. R.,
This was evidently the view taken by the jury, and as the case was properly submitted to them under instructions in which we see no substantial error, we cannot disturb their verdict. The judgment is
Affirmed.
Cited: Embler v. Lumber Co.,
(995)