Anderson v. Cape Fear Steamboat Co.
Supreme Court of North Carolina
Case, tried before Bussell, J., at December Special Term 1869, of New Hanoyeb Court. Tlie plantiffs sought to recover damages from the defendant for the negligence of its servants in managing the Steamboat, “ Gov.
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Case, tried before Bussell, J., at December Special Term 1869, of New Hanoyeb Court. Tlie plantiffs sought to recover damages from the defendant for the negligence of its servants in managing the Steamboat, “ Gov. Worth,” whereby the barn of the plaintiffs, and the machinery therein were destroyed by fire communicated by sparks from the smoke-stack of said Steamboat, while navigating the Cape Fear Biver in April, 1867. Several witnesses were examined for both plaintiffs and defendant. Among the witnesses for the defendant, was A. P. Hurt, the Captain of the Steamboat, at the time of the…
1Opinion of the CourtBeade, J.
The facts .being ascertained, negligence is a question for the court. When the testimony is all on one side, or is not contradictory, the Court can decide whether there is, or is not, negligence. When the testimony is on both sides and contradictory, the Court must submit the testimony to the jury to find the facts and apply the law, as the Court shall explain it, as to what constitutes negligence in the particular case. Here there were six witnesses for tire plaintiffs, and seven for the defendant, and their statements were conflicting. The defendant selected the testimony of one of his…
2Cited by20 opinions
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- Lawton v. . GilesSupreme Court of North Carolina · 1884
- State v. . RogersSupreme Court of North Carolina · 1885
- Cogdell v. Southern Railway Co.Supreme Court of North Carolina · 1901
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