declared error in North Carolina

2005Id. at 281-82 , 113 S.Ct. at 2082-83 , 124 L.Ed.2d at 191 .

2005Id. at 281-82 , 113 S.Ct. at 2082-83 , 124 L.Ed.2d at 191 .

1988Then, if employer claims death of employee is by suicide, the statute places the burden on him to go forward with proof negativing the factual inference of death by accident." McGill v. Town of Lumberton, 215 N.C. at 754 , 3 S.E.2d at 326 .

1988Then, if employer claims death of employee is by suicide, the statute places the burden on him to go forward with proof negativing the factual inference of death by accident." McGill v. Town of Lumberton, 215 N.C. at 754 , 3 S.E.2d at 326 .

1912Justice Van Devamter says: “When the purpose of the act and the means for the accomplishment of that purpose are understood, it is altogether plain that the act contemplated that such an investigation and order by the designated tribunal, the Interstate Commerce Commission, should be a prerequisite to the right to seek reparation in the courts because of exactions uhder an established schedule alleged to be violative of prescribed standards; and this is so because the existence and exercise of a right to maintain an action of that character, in the absence of such an investigation and order, w

1912Justice Van Devamter says: “When the purpose of the act and the means for the accomplishment of that purpose are understood, it is altogether plain that the act contemplated that such an investigation and order by the designated tribunal, the Interstate Commerce Commission, should be a prerequisite to the right to seek reparation in the courts because of exactions uhder an established schedule alleged to be violative of prescribed standards; and this is so because the existence and exercise of a right to maintain an action of that character, in the absence of such an investigation and order, w

1906So in Bell v. Howerton, 111 N. C., 70 , the court declared the principle to be that “the duty of performing the contract, or seeing that it is performed, is on the surety, and that he cannot require the creditor to assume any part of the burden which he has made his own.” The question we now have before us was directly involved in Kearnes v. Montgomery, 4 W.

1888This was declared to be error, this Court saying: “ In actions where the measure of damages is-to be given by the jury, the assessment must be made upon the proofs introduced by each party, and the onus of proof as to the amount of damages is upon the plaintiff, as a judgment by default .admits something to be due, but not the amount.” In Parker v. House, 66 N. C., 374 , the action was upon a (Constable's bond, and the plaintiff alleged a breach in that :the officer had not used due diligence in endeavoring to collect certain claims placed in his hands, setting them out specifically and in det