second prayer instruction (North Carolina) · Go Syfert
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second prayer instruction in North Carolina

6 North Carolina opinions name it 1 courts 1889–1935 0 in the last five years

The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in North Carolina.

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Pusey v. Atlantic Coast Line Railroad green
nc · 1921
1 sentence

1935R., 181 N. C., 137 (141-2), is the following: “The courts recognize the doctrine included in the second prayer for instruction, but as it is said in Withey v. Fowler Co., 164 Iowa, 377 : ‘It is somewhat difficult to state a comprehensive definition of what constitutes a joint enterprise as applied to this class of cases, but it is perhaps sufficiently accurate for present purposes to say that to impute a driver’s negligence to another occupant of his carriage, the relation between them must be shown to be something more than that of host or guest, and the mere fact that both have engaged in th

11935–1935
Withey v. Fowler Co. green
iowa · 1914
1 sentence

1935R., 181 N. C., 137 (141-2), is the following: “The courts recognize the doctrine included in the second prayer for instruction, but as it is said in Withey v. Fowler Co., 164 Iowa, 377 : ‘It is somewhat difficult to state a comprehensive definition of what constitutes a joint enterprise as applied to this class of cases, but it is perhaps sufficiently accurate for present purposes to say that to impute a driver’s negligence to another occupant of his carriage, the relation between them must be shown to be something more than that of host or guest, and the mere fact that both have engaged in th

11935–1935
State v. Blevins. green
nc · 1905
1 sentence

1915A homicide is not excused by fear that the deceased is about to commit a mere assault. *706 The second prayer for instruction was properly refused, for it is well settled that the reasonableness of the apprehension is one of fact for the jury. ’ S. v. Blevins, 138 N. C., 668 ; S. v. Clark, 134 N. C., 704.

11915–1915
Bryan v. . Spivey neutral
nc · 1891
2 sentences

1896To sustain this ruling would be to overrule Bryan v. Spivey, 109 N. C., 57 , which expressly holds that the law presumes possession unexplained to be adverse .possession.

1896"But that plaintiffs must go further and show affirmatively that this possession was adverse, as the law does not infer from the mere fact of the possession that it was adverse." To sustain this ruling would be to overrule Bryan v. Spivey , 109 N.C. 57 , which expressly holds that the law presumes possession unexplained to be adverse possession.

11896–1896
Emry v. . R. R. green
nc · 1891
1 sentence

1895Emry v. Railroad, 109 N. C., 589 .

11895–1895
State v. Hill neutral
· 1839
1 sentence

1892State v. Scott, 26 N. C., 410 ; State v. Hill, 20 N. C., 491 .

11892–1892
Wilson v. Norfolk & Southern Railroad neutral
nc · 1884
1 sentence

1889R. , 90 N.C. 69 .

11889–1889

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