Sparger v. North Carolina Public-Service Corp.
Supreme Court of North Carolina
AotioN before Long, J., at April Term, 1917, of GuilroRD. On the morning of 10 November, 1915, plaintiff was driving in his buggy north on Elm Street, on the right-hand side of North Elm Street, and his horse turned west of his own accord into Gaston Street, which intersects North Elm at a right angle. To do so it was necessary to cross the tracks of defendant.
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AotioN before Long, J., at April Term, 1917, of GuilroRD. On the morning of 10 November, 1915, plaintiff was driving in his buggy north on Elm Street, on the right-hand side of North Elm Street, and his horse turned west of his own accord into Gaston Street, which intersects North Elm at a right angle. To do so it was necessary to cross the tracks of defendant. The plaintiff’s place of business was on Gaston Street, and for months it had been his custom to make this trip, with his horse, along this route. He did not look up or down the track before entering upon the track, and was not…
1Per curiam
It is found by tbe jury that both parties were guilty of negligence — the defendant, in running at- an excessive speed and failing to give proper warning of the approach of the street car; and the plaintiff, in attempting to cross the track of the street railway company in a careless manner; and the evidence fully supports the findings. There was no serious controversy as to this part of the case. But defendant contends that there was no reason for submitting the third issue, as to the ability of defendant’s servants to stop the car and avoid the collision, after its servants had' observed…
2Cases cited4 opinions
- Davis v. . Traction Co.Supreme Court of North Carolina · 1906
- Norman v. Charlotte Electric Railway Co.Supreme Court of North Carolina · 1914
- Smith v. . R. R.Supreme Court of North Carolina · 1913
- Wright v. Fries Manufacturing & Power Co.Supreme Court of North Carolina · 1908
3Cited by2 opinions
- Lea v. Southern Public Utilities Co.Supreme Court of North Carolina · 1919
- Norman v. . R. R.Supreme Court of North Carolina · 1914