Tise v. Town of Thomasville
Supreme Court of North Carolina
Appeal by defendant from E. B. Jones, J., February Term, 1909, of DavidsoN. Tbe facts are stated in tbe opinion of tire Court.
1Opinion of the CourtClark, C. J.
Action for damages for personal injuries to plaintiff, from ber borse stepping into a bole in tbe street. Tbe defense put on evidence tbat tbe bole bad been filled up before tbe day tbe injury was alleged to bave occurred. Tbe plaintiff, in reply, was allowed to sbow.tbat tbe bole was filled after the accident, and tbe defendant excepted.
Tbe general rule is, tbat tbe plaintiff cannot show tbat after the accident tbe defect wbicb caused tbe injury was repaired. Lowe v. Elliott, 109 N. C., 581; Myers v. Lumber Co., 129 N. C., 252.
Subsequent repairs are not an admission of previous culpable…
2Cases cited7 opinions
- State v. . BrabhamSupreme Court of North Carolina · 1891
- Myers v. Lumber Co.Supreme Court of North Carolina · 1901
- State v. . PowellSupreme Court of North Carolina · 1890
- Lowe v. . ElliottSupreme Court of North Carolina · 1891
- Hill v. . BeanSupreme Court of North Carolina · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Shelton v. Southern Railway Co.Supreme Court of North Carolina · 1927
- State v. . SteeleSupreme Court of North Carolina · 1925
- State v. . PerrySupreme Court of North Carolina · 1946
- Avery v. . StewartSupreme Court of North Carolina · 1904
- State v. PerrySupreme Court of North Carolina · 1946
16 more not listed; retrieve them via the Exa API.