Thursday, September 15, 2022

Superior Court Upholds $1,925 Fine for "Cussin", Sept. 15, 1922

Superior Court Verdict in Pasquotank “Cussin” Case Is Fully Upheld. . . J.L. Baker Required to Pay J.D. Winslow $1,925 for Calling Him “Lying Devil”

By Brock Barkley

Raleigh, Sept. 14—A Pasquotank county “cussing match” brought a supreme court opinion Thursday. It registered full agreement with the lower court in assessing damages of $1,925 against J.L. Baker for making profane remarks to J.D. Winslow. Both are Pasquotank citizens.

Among a collection of profane words of greater degree, Baker called to Winslow: “You are the ‘lyinest’ and most vicious old devil I ever met up with.” That was Baker’s way of accusing Winslow of selling corn that did not belong to him. Winslow brought suit on a slander charge and the lower court awarded him $1,925.

In affirming the lower court’s judgment, the supreme tribunal commented: “There is no wonder that the jury awarded the plaintiff a full verdict. He appears to have deserved it.”

All opinions handed down by the court Thursday, the first batch of the fall session, affected cases from the first district.

The full list of opinions follows:

Baker vs. Winslow, Pasquotank, no error.

Whitehurst et al., vs. Hinton, Pasquotank, appeal dismissed.

Hampton vs. Greggs, Currituck, reversed.

Lacey vs. Hosiery company, Pasquotank, no error.

Benbury vs. Butts, Chowan, affirmed.

Sample vs. Gray, Chowan, no error.

Coppersmith vs. Norfolk Southern Railway company, Pasquotank, new trial.

Peters vs. Highway commission, Pasquotank, affirmed.

Rose vs. Rocky Mount, Edgecombe, appeal dismissed.

Thigpen vs. East Carolina Railway company, Edgecombe, reversed.

Roebuck vs. Board trustee, percuriam order.

Farmers’ Bank vs. Merchants and Farmers’ bank et al., Tyrrell, dismissed under authority of Clement County vs. Phillips, 182, N.C. 437.

Kafer vs. Hardware company, Beaufort, affirmed without written opinion.

From The Wilmington Star, Friday, Sept. 15, 1922

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