Bogan v. Carolina Central Railroad
Supreme Court of North Carolina
ActioN by J. S. Bogan and wife Della A. Bogan against the Carolina Central Railroad Company, beard by Judge-Frederick Moore and a jury, at May Term, 1901, of tbe Superior Court- of Richmond County. Erom a judgment for the plaintiffs, tbe defendant appealed.
1Opinion of the CourtDouglas, J.
This is an action for tbe recovery of damages for injuries received by tbe plaintiff by being knocked off a trestle by tbe defendant’s train. Tbe issues and answers thereto were as follows:
“1. Was Della Ann Bogan injured by the negligence of the defendant ? A. ‘Yes.’
“2. Did sbe by ber own negligence contribute to her injury ? A. 'Yes.’ ■
“3. Notwithstanding her negligence, could the defendant, by the exercise of ordinary care, have prevented the injury ? A. 'Yes.’
“4. What damages, if any, has plaintiff sustained? A. '$1,500.’ ”
The defendant asked the Court to direct a verdict in its. favor…
2Cases cited9 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Spruill v. Northwestern Mutual Life InsuranceSupreme Court of North Carolina · 1897
- McLamb v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1898
- Pickett v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1895
- Denmark v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1890
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3Cited by34 opinions
- Mosso v. E. H. Stanton Co.Washington Supreme Court · 1913
- Merchants Transportation Co. v. DanielSupreme Court of Florida · 1933
- Pickett v. . R. R.Supreme Court of North Carolina · 1895
- Pilmer v. Boise Traction Co.Idaho Supreme Court · 1908
- McClanahan v. Vicksburg, S. & P. Ry. Co.Supreme Court of Louisiana · 1902
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