Watkins v. Raleigh & Augusta Air Line Railroad
Supreme Court of North Carolina
This was a civil actioN for damages caused by the alleged negligence of the defendant, tried before His Honor Brown, <1, and a jury, at December Special Term, 1894, of RICHMOND Superior Court.
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This was a civil actioN for damages caused by the alleged negligence of the defendant, tried before His Honor Brown, <1, and a jury, at December Special Term, 1894, of RICHMOND Superior Court. The following issues were submitted to the jury: “1. Was the plaintiff injured by negligence of the defendant’s agent? “2. Did the plaintiff by his own negligence contribute to the inj ury ? “3. What damage, if any, has plaintiff sustained ?” The plaintiff was introduced as a witness in his own behalf, and testified: On March 2, 1889, I bought a ticket from the defendant’s agent at Manly to Aberdeen,…
1Opinion of the Court
Clark, J. :
The appellee’s counter-case was not served in the five days required by the amendatory act of 1889, Ch. 161. The appellant could therefore insist on his motion that his statement should be taken as the true case on appeal (Cumming v. Hoffman, 113 N. C., 267) but for the fact that his counsel waived the objection by telegraphing that he would accept service on his return home, which he did. Though the appellant’s counsel excepted when he sent the case and counter-case to the Judge with request to settle the case on appeal on the ground that the acceptance was after the expiration of…
2Cases cited4 opinions
- Cummings v. . HoffmanSupreme Court of North Carolina · 1893
- Burgin v. Richmond & Danville RailroadSupreme Court of North Carolina · 1894
- Nance v. Carolina Central RailroadSupreme Court of North Carolina · 1886
- State v. . CoxSupreme Court of North Carolina · 1892
3Cited by7 opinions
- Illinois Central Railroad v. CheekIndiana Supreme Court · 1899
- Hinshaw v. Raleigh & Augusta Air Line R. R.Supreme Court of North Carolina · 1896
- Hodges v. Southern Railway Co.Supreme Court of North Carolina · 1897
- Stamey v. Southern Railway Co.Supreme Court of North Carolina · 1935
- Darden v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1907
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