The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-12-14
Supreme Court Digest.
(Reported by Jos. L. Seawell.)

(Reported by Jos. l.. Seawell)
STATE VS.. HAGAN appellant From
Madison. No error.
Indictment for murder. After the
States evidence was completed. the pris-
oner demurred to the evidence nm tho
ground that it did not tend to prove that
the deceased died from the wound in
fiicted by the prisoner. The demurrer
was overruled and the prisoner introduced
evidence. part of which proved clearly
that the deceased did die of such wounu;
Held, that any error the judge might have
committed in overruling the demurrer
was cured by the prisoner after introduc
ing evidence which supplied that which
the State lacked. State vs. Groves. 119
~ c. 500; Parlier r. Co, 129 N. C. 262.
The solicitor did not ask for a verdict
of murder, but of manslsughter, and the
court say that the prisoner escaped on a
conviction for the lightest of the crime.
FLEMING VS.. SOUTHERN RAILWAY
COMPANY, appellant. From Iredell.
New trial.
Where railway employee was injured
while coupling an engine to a freight car
in obedience to an order from the con-
ductor, and it appeared that the car and
engine were not provided with automatic
couplers but the coupling device on the
engine was a draw bar six feet long and
100 or 125 pounds in weight lying across
the pilot, and that in making the coupling
it was necessary for the employee to go
on the pilot and raise the draw-ba two
feet or more with his hands; it was held
that the defendant cannot plead contribu-
tory negligence on the part of the en-
ployee in violating a rule o. the defend
ant which forbade an employee to go be-
tween cars to make a coupling, espe-
cially where such rule refers only to COUP
ling cars and not to coupling an engine
to a car.
Where an employees injury proceeds
directly from the company's failure to
provide its trains with automatic coup
lers, and it appears that it was the en-
ployee's duty to make the coupling in the
manner which resulted in his injury, he
cannot be charged with contributory neg
ligence sufficient to discharge the COM
pany's liability. The rule in Greenlees
case, 122 N. c. OFT, requiring railroad
companies to provide its cars with auto
matte couplers, explained, and held to
apply to engines as well as cars.
The Fellow Servant Act" Private Laws
1897, Oh. sc Sec. 2, providing that "any
contract or agreement expressed or i'm
piled made by any employee of said COM
pany to waive the benefit of the aforesaid
section shall be null and void" did not
warrant the judges charge in this case
that "the Legislature has enacted that
any contract or agreement expressed or
implied made by any employee of said
company to waive the benefit of an action
which he may have against the company
for injuries, shall be null and void" The
words may have as used in the charge
are held to have double aspect, look
ing both to the future and the past, and
a new trial is ordered for this error.
BROWN VS.. ATLANTA & CHARLOTTE
RAILROAD CO., appellant. From Neck
$ lenburg. No error.
The lesser of railroad is liable for
the negligent acts of it's lessee in oper-
ating the leased property. Logan's case.
lie N. c. $40; Tillett's Case, lis n. C.
1902; Bentons Case. 122 N. c. 1907
RHEA, appellant VS.. RAWLS. From Bun
combe. Affirmed.
Proceeding for dover. G., the owner of
the property, subject to a deed of trust
to secure certain notes, sold and conveyed
to plaintiffs husband, subject to the pay
ment of said Indebtedness, and at the same
time the said trustee took deed from
plaintiffs husband as security for the
Indebtedness above mentioned, with
power of sale-the husband giving his
own notes in place of C's. but these
notes were not paid; Held that these two
transactions amounted to the same trans
action.
The property was sold and the defend
ant bought. paying full price and the
trustee executed a deed to him: Held
that the plaintiff cannot recover, as her