# King v. Seaboard Air Line Railway Co.

> Supreme Court of North Carolina · February 25, 1931 · 200 N.C. 398

URL: https://www.frixlaw.com/law-library/cases/6697332

## Case

- **Full name:** ELIZA KING, MARY BURCHETT, DORA BURCHETT and LEE BURCHETT v. SEABOARD AIR LINE RAILWAY COMPANY
- **Court:** Supreme Court of North Carolina
- **Decided:** February 25, 1931
- **Citations:** 200 N.C. 398
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Beogden
- **Judges:** Beogden
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6697332

## Opinion text

BeogdeN, J.
The liability of the defendant in this case is governed by the opinion in Earwood v. R. R., 192 N. C., 27 , 133 S. E., 180 . See, also, McGee v. Warren, 198 N. C., 672 , 153 S. E., 162 ; Smith v. R. R., ante, 177; North Carolina Law Review, December, 1930, p. 98.
The defendant insists that it was the duty of the court to submit an issue of contributory negligence in each case. Of course, issues arise upon the pleadings and must be framed accordingly. Nevertheless, the trial judge is not required to submit an issue to the jury if there is no *400 evidence to support it. Brown v. Kinsey, 81 N. C., 245 ; Rice v. R. R., 174 N. C., 268 , 93 S. E., 774 ; Hoggard v. Brown, 192 N. C., 494 , 135 S. E., 331 ; McIntosh North Carolina Practice and Procedure, p. 545.
The record discloses no evidence of contributory negligence and the ruling of the trial judge was correct.
No error.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6697332. Public record. Not legal advice.