Case law

Mann v. VIRGINIA DARE TRANSPORTATION COMPANY, INC.

283 N.C. 734 · Supreme Court of North Carolina · Aug 31, 1973

This form of question clearly invited *748 the argument, which Coach Company makes, that could or might have in Jeffries’ answers amounts to nothing more than his speculation as to possibilities. … Its age and the purpose of its use intensified Coach Company’s duty to have it inspected carefully by a qualified mechanic before it was delivered to Transportation Company.

Cheape v. Town of Chapel Hill

320 N.C. 549 · Supreme Court of North Carolina · Sep 3, 1987

These factors clearly distinguish the Chapel Hill Act from the legislation found unconstitutional in Taylor v. Racing Association, 241 N.C. 80 , 84 S.E. 2d 390 (1954), a case relied upon by the plaintiffs. … Accordingly, while the agreement might establish Fraser as an agent of the Town for the limited purpose of authorizing minor change orders, there is nothing in the agreement that establishes the Town as an agent of Fraser

State v. McKoy

323 N.C. 1 · Supreme Court of North Carolina · Sep 7, 1988

Instead, he clearly informed the jury that there was no appeal from its findings of fact. … There, “the record clearly established] a course of conduct on the part of the defendant which amounted] to a wanton disregard for the value of human life and for the enforcement of the law by duly appointed authorities.”

Matter of Estate of Adamee

291 N.C. 386 · Supreme Court of North Carolina · Dec 21, 1976

Therefore, they void the separation agreement if they re-establish a matrimonial home. … These statutes, to which reference will be made later, clearly give the clerk exclusive original probate jurisdiction.

Eaker v. . International Shoe Co.

199 N.C. 379 · Supreme Court of North Carolina · Sep 10, 1930

Carpet Co. , 138 N.C. 60 , clearly states the law in this respect: `The doctrine does not dispense with the requirement that the party who alleges negligence must prove the fact, but relates only to the mode of proving it … expressed his willingness to admit the photograph (X-ray) in evidence provided expert testimony was introduced satisfactorily explaining the photograph to the jury, but held upon the evidence offered that the witness had not qualified

In re N.B., N.M.B., M.R.

Supreme Court of North Carolina · Apr 23, 2021

Respondent mother provided the results of a blood test from Empire City Laboratories completed on January 2, 2020; however, the test appears to be related to immunizations … ¶ 24 Although the record clearly reflects that respondent-father had some contact with DSS, it also supports the trial court’s finding that his contacts with DSS had been inconsistent.

State Ex Rel. Utilities Commission v. Carolina Utility Customers Ass'n Inc.

348 N.C. 452 · Supreme Court of North Carolina · Jul 9, 1998

While this statute does not address directly either the question of whether all of the parties must participate in the stipulation to qualify a case for complete informal disposition, or the evidentiary weight, if any, to … The Supreme Court stated: The Commission clearly had the power to admit the agreement into the record — indeed, it was obliged to consider it.

Harris & Harris Construction Co. v. Crain & Denbo, Inc.

256 N.C. 110 · Supreme Court of North Carolina · Jan 12, 1962

If from the evidence of Crain arbitrary and unreasonable conduct appears so clearly that no other reasonable inference may be drawn and the defense is thus established, the motion for nonsuit should have been allowed. … Crain advised Aetna that it was willing to accept a qualified substitute contractor if approved by the project engineer, but no other substitutes were proposed.

Jones v. Layne

144 N.C. 600 · Supreme Court of North Carolina · May 14, 1907

There is clearly no analogy between dower and year’s provision. … I am compelled to follow tbe established principle; not only because it is well established, but because, also, it is right, and has come to us through many centuries with -the strong and unqualified approval of the greatest

Bell v. . Harrison

179 N.C. 190 · Supreme Court of North Carolina · Feb 18, 1920

Six days later defendants paid $3,000 to plaintiff's sister for exactly the same interests; and four days later, Harrison, qualifying as administrator, made affidavit and inventory showing $2,400 worth of personalty belonging … It was said in the Whitehurst case that it is not always required for the establishment of actionable fraud, that a false representation should be knowingly made.

Rhode Island Hospital Trust Co. v. Doughton

187 N.C. 263 · Supreme Court of North Carolina · Feb 27, 1924

"The theory on which taxation of this kind on the devolution of estates is based and its legality upheld is clearly established and is founded upon two principles: (1) A succession tax is a tax on the right of succession … It is equally well established that a State tax on property must be limited to property within the territorial jurisdiction of the State.

Rose v. Vulcan Materials Company

282 N.C. 643 · Supreme Court of North Carolina · Feb 14, 1973

At least this is true where the illegal provision is clearly separable and severable from the other parts which are relied upon and does not constitute the main or essential feature or purpose of the agreement.” 17 Am. … By assigning this contract, *664 Dooley and Son, Inc., could not confer upon defendant assignee a greater immunity to suit than the assignor itself possessed.

McGuinn v. City of High Point

219 N.C. 56 · Supreme Court of North Carolina · Jan 31, 1941

thousands of inhabitants, or any municipality, and tbe people within it, may be constitutionally deprived of tbe powers of government necessary to. their welfare by legislative action, while other cities of tbe State are left immune … , but I do know that such a blackout of municipal power and function is not conceivably within tbe intention of any group qualified by intelligence to make their way into a legislative assembly.

State v. Melton

371 N.C. 750 · Supreme Court of North Carolina · Dec 7, 2018

Moreover, evidence established that defendant enticed and induced the hired killer to commit the crime by tendering the $2,500 initial payment. … We see no evidence here to *434 establish that defendant committed an overt act that, "in the ordinary and likely course of things," would have resulted in the killing.

State v. Taylor

309 N.C. 570 · Supreme Court of North Carolina · Nov 3, 1983

He is asking the court *577 to conclude that ‘the evidence so clearly establishes the fact in issue that no reasonable inferences to the contrary can be drawn,’ and that the credibility of the evidence ‘is manifest as a matter … Both Edgar Sturdivant and Jesse Willoughby further qualified their statements with phrases such as “as far as I know” and “all I know is he was just good around us.”

Travis v. Johnston

244 N.C. 713 · Supreme Court of North Carolina · Nov 7, 1956

Rule 21 requires an appellant to state briefly and clearly as well as number his exceptions. … Travis, Sr., was duly qualified and acting clerk of the Superior Court of Halifax County during 1931 and 1932. On or about 30 October, 1931, E. L.

State v. Philip Morris USA Inc.

363 N.C. 623 · Supreme Court of North Carolina · Nov 6, 2009

established by the Certification Entity for the Grower State in which the farm is located." … The Court observed that Settlors' argument "would allow a Tax Offset Adjustment even if the government never collects the assessments due under a qualifying change of law and hence never spends them for the benefit of tobacco

Nation Ford Baptist Church, Inc. v. Davis

Supreme Court of North Carolina · Aug 19, 2022

¶ 18 However, “the First Amendment does not provide religious organizations absolute immunity from civil liability.” Johnson v. Antioch United Holy Church, Inc., 214 N.C. App. 507, 511 (2011). … Although not clearly stated, Pastor Davis’s request for injunctive relief appears to be based on a breach of employment contract theory.5 This type of claim may be susceptible to resolution by application of neutral principles

Gilmore v. . Walker

195 N.C. 460 · Supreme Court of North Carolina · Apr 11, 1928

Walker was duly appointed and qualified as clerk of said court. … The “prima facie” view is clearly expressed by Lurton, Circuit J., in Supreme Council v.

Jones v. J. Kim Hatcher Ins. Agencies, Inc.

Supreme Court of North Carolina · May 23, 2025

Jones asked Hatcher if he would also qualify for a farm insurance policy, informing Hatcher that he farmed some portion of his eight acres of land. … To establish contributory negligence as an affirmative defense, a defendant must prove that the “plaintiff could have avoided injury by exercising reasonable care.” Cullen, 386 N.C. at 377.