Bethea v. Raleigh & Augusta Railroad

Citations

• 106 N.C. 279

Syllabus

<p>Killing Live Stock — Presumption—Specific Instructions — Exception to Judge’s Charge — Contributory Negligence.</p> <p>1. Failure to give specific instructions when not asked, even though proper in themselves, is not the subject of exception.</p> <p>2. When plaintiff permitted his steer to leave home and wander upon defendant’s track, he is not, therefore, guilty of contributory negligence.</p> <p>3. The law presumes negligence when the action is brought within six months of the killing, but this presumption may be rebutted by showing there was none in fact.</p> <p>4. Substantial compliance with a request to charge is all that can be required.</p>