Newspapers / The Chowan Herald (Edenton, … / Nov. 25, 1954, edition 1 / Page 8
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Page Eight This is the Law BY CHARLES W. DANIEL (For the N. C. Bar Association) MAJOR DEFENSES When a person is sued for damages because of injuries to the person or property of another, the “defense ' most often used is “contributory neg ligence.” The essence of this defense is that the person bringing suit, by his own careless conduct, contributed to the injury. If the facts show that complainant was unreasonably care less and that such carelessness (or “negligence”) helped cause the dam age, then, such person usually can not win in court. It is the jury’s job to decide wheth er the carelessness (if any) of the person suing actually was a cause of his own injury. The judge determines whether reasonable folks might dis agree as to whether the complainant showed proper regard for his prop erty or his own safety. It there could be doubt about it, the judge leaves the case with the jury under proper instructions. If, from the complainant’s own evidence, only ope reasonable conclusion could be drawn —That he contributed to his own, harm-then, the judge will order the case thrown out of court, The North Carolina rule is that a person who is himself negligent and, such negligence is a cause of the harm, cannot win in court. But there are some instances in which a care less plaintiff may win. irrespective of his own negligence. That is so when the facts show the defendant to have i been so greatly negligent that his | conduct is actually, or almost, delih-1 erate. OTHER STATES Nineteen other states have a differ- j ent rule which they call the “doctrine \ • f comparative negligence.” Several j unsuccessful attempts have been made to get this plan through the North Carolina Legislature. Under such a rule, the jury is allowed to decide the > case even though the Complainant is j shown to have been careless. For ex ample. suppose the law suit in piles-1 tion resulted from an automobile col lision in which both drivers are found; to have been at fault. Ry “compar ing the negligence” of both, the jury determines the degree of fault against each driver. Then, the driver most at; . fault is ordered to pay up that per centage of the damage which he caused. As indicated earlier, this is not the North Carolina rule. “REASONABLE MAN” What formula does the North Caro lina court use in determining whether a man was “negligent” in a particular # . CHS LENMORE KENTUCKY STRAIG HT BOURBON ; . . • a . ; • - •' ", •. !r . . -• • , . 86 PROOF I so.s° / /*/ W / $ / / \/ sss■ / i / l IS DISTILLED AND BOTTLED / GIENMORE DISTILLERIES COMPANY • LOUISVILLE, KENTUCKY case? If the person acts as an “or dinary, reasonable and prudent man would act “under the (of the particular case), he has not been “negligent” NEGLIGENT BRAKEMAN Here’s a case in which the defense of “contributory negligence’ did not work, even though the injured plain tiff was himself very careless. A railroad brakeman was riding the cow catcher on a train. As the tram reached a highway crossing the en gine was struck by a speeding tractor trailer truck. The brakeman was se verely injured and sued the track company. The company defended, saying that the brakeman was con tributorily negligent m nding the cow-catcher and should be tossed out of court. The court said, Yes, the plaintiff was negligent all right, but the incident which actually occurred could not have been foreseen by him ” The brakeman knew that no might fall off his dangerous perch, or be hurt in some similar manner, but the law would not require him to fore see that a speeding track would crash into the engine. So the brakeman ( won. even though he, too, was negli gent. . . Another “defense” to a suit tor neg ligent damage to person or property is called "assumption of risk. Hu. defense, as the words imply, is close kin to “confrihutoi'v negligence, j One astute legal scholar has given this definition of these defenses: “If you walk close on the heels of a mule that is known to kick, that s ‘assumption of risk.’ If you pull the mule’s tail, that’s contributory negli crenoe.’- ■ - STATUTE OF LIMITATIONS Another important defense is the “statute of limitations.” North Caro lina statutes require that suits be brought within a specified period of, time after the injury (or cause of action”) occurs, subject to <xcip tions. If the suit is not brought within the time allowed, and the de fendant sets up the statute as a de fense. the suit is barred and the in jured person normally cannot recover. The time limit within which suit must he brought upon a broken contract, for example, is three years. Upon a “tort” (such as wrongful death in an automobile wreck), the time limit for bringing suit is two years. Actions for libel, assault, battery, false im prisonment and for a widow’s years j allowance must be filed within one ! year. There are, of course, other defenses' | too numerous to list here. COMPLETE PEST CONTROL FREE INSPECTION WORLD'S LARGEST BEST CON THE CHOWAN HERALD, EDENTON’ N C. f THURSDAY, NOVEMBER 25, 1954. 1 141 HEALTH HORIZONS ! J < -mv- Migraine Headache If you’ve ever suffered from mis I anything good to s*y about it. But, New York State Journal of Medici anism that “may be likened to the very simply, be believes that migrt all the energy you can afford to, < | without serious danger. The at tack, by “laying you low,” forces you to stop, and gives you a chance to “wipe out the energy debt* “Mental Overtime** "Prevention of migraine would be a relatively simple matter if we had tape recorders to measure total energy input and outputjkays Dr. Hirsch. Most people have no 1 idea how much effort they expend each day. There’s the man, for ex ample, who keeps nine-to-five office hours but takes his business problems home to worry about; “he is constantly paying time and i a half for mental overtime.” There was the young bookkeeper, good j at her job but anxious to improve herself culturally. In her spare j time “she devoured books” and ■ developed migraine. Eye tests showed nothing organically wrong but, comments Dr. Hirsch, “over use of eyes, combined with mental • effort, must result in energy deple tion ... 25% of our energy intake goes to the brain when the body is at rest." When "reading steals time from sleep,” rrfitteis are even worse. People don’t even realize how much energy they are expending physically, either. One girl with migraine seemed, according to her story to the doctor, to indulge in no excessive activity but when his telephone rang, she promptly State Farm Bureau Meets In Asheville 1 Impressive List of Pro minent Speakers on Program An impressive list of state and na- , tional speakers headed the program for the 19th annual convention of the : i 1 North Carolina Farm Bureau Federa- ; tion, which was held in Asheville ; Igraine, you probably can’t think of t, according to Dr. Sol Hirsch in tha einc, migraine is a protective mech i popping of a safety valve.” Stated raine occurs when you have used up i v a picked up her knitting. Inquiry showed that she actually knit hours a day, even while waiting her turn shopping or in the movies —“a good try at perpetual mo tion!” exclaims the doctor. ~ V What's Voar Record? As a first step in treating a p«v* son with migraine. Dr. Hirsch rec ommends keeping a notebook called “My Twenty-Four Hours* in which to record “as many de tails as possible of what he or she does the clock round.” This in cludes what you eat (after aB, energy comes from food) as wel as what you do. If you suffer from migraine, that may be a good tip: find out how much you really do in a day, see where you might cut corners to eliminate unnecessary energy expenditure—and possibly your migraine! this week, Sunday through Wednes day. Headquarters for the four-day event was the George Vanderbilt Ho tel, where between 1,200 and 1,500 persons representing the 70,000 mem ber organizations of Farm Bureau of ficials attended. Among the outstanding speakers on ENJOY^AMERICA’S BES'F" COMIC FEATURES All the best known comics and ad venture features appear regularly in the Baltimore Sunday American. Printed in bright color, the big two section Comic Weekly and the enjoy able Comic Book provide hours of fun and thrills for youngsters and oldsters alike. If you’re looking for the best in comic page entertainment read the BALTIMORE SUNDAY AMERICAN Order From Your Local Newsdealer I Thanksgiving —3 ! ■ i Following - their first harvest in 1621, the I i Pilgrims of New England set aside “an espe- 1 cial day to give especial thanks for all our mer cies.” This was the origin of the oldest Amer- | j | ican holiday. j In observing our Thanksgiving Day, let us 1] remember the courage and determination of 1 % 1 ! ] our forefathers, with the same faith in the fu i | ture, the same gratitude for our many bless ! I ings. ❖ BUY UNITED STATES BONDS H i THE BANK OF EDEN TON j | EDENTON, NORTH CAROLINA 1 Safety for SauinyA fitter 1894 Mnnwi nmAL usuvi system WWB NHUI D CTOS IT INStTKAMX COIMMUHON ■ ' - . • , • . '."I 111 M^^^M-firMM^MriiTrnfTr~T ,^TrTTirTT~,, M this year’s program were Allan B.j Kline of Chicago, president of the. American Farm Bureau Federation; ( U. S. Senator Sam J. Ervin of Mor ganton; U. S. Senator-Elect W. Kerr Scott of Haw River; W. E. Hamilton of Chicago, American Farm Bureau research director; William G. Lod wick of Washington, D. C., director of the U. S. Foreign Agriculture Ser vice; Dr. D. W. Colvard of Raleigh,) ✓ State College dean of agriculture; and Mrs. Charles N. DeShazo of Tappa hannock, Va., president of the Ameri can Farm Bureau Women. Numerous state and national commodity leaders were also on the program. No Stable 111-mannered Diner —Hey, waiter! Waiter—Don’t serve it here, sir! To Relieve Misery C“*666 LIQUID Oft TABLETS-SAMI EAST RELIEF the full rich flavor I of Karo adds extra goodness to every bite Pour it on biscuits, pancakes..* everything! Silly Question i Tramp—Could you spare me some thing for a cup of coffee?" Scotsman “Hoots, raon! D’ye think I carry lumps of sugar around in my pockets?” Kidney Slow-Down May Bring • Restless Nights When kidney function slow* down, many folks complain of nagging backache, head aches, dizziness and loss of pep and energy. Don’t suffer restless lights with these dis comforts if reduced kidney function is get ting you down —due to such common causes as stress and strain, ever-exertion or ex posure to cold. Minor bladder irritations due to cold, dampness or wrong diet may cause getting up nights or frequent passages. Don’t neglect your kidneys if these condl tions bother you. Try Doan’s Pills—a mild diuretic. Used successfully by millions for over 50 years. While often otherwise caused, it's amazing how many times Doan's give happy relief from these discomforts—help the 15 miles of kidney tubes and filters flush out waste. Get Doan’s Pills today! Doan’s Pills
The Chowan Herald (Edenton, N.C.)
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Nov. 25, 1954, edition 1
8
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