Legal Opinion

Stout v. Valle Crucis, Shawneehaw & Elk Park Turnpike Co.

Supreme Court of North Carolina

Decided November 30, 1910PublishedCited by 1 opinion

Appeal from Webb, J., at the Spring Term, 1910, of ‘Wa-tauga. Civil action to recover for the negligent killing of plaintiff’s intestate. These issues were submitted: 1. Was the death of plaintiff’s intestate caused by the negligence of the defendant? Answer: Yes. 2. What damage is plaintiff entitled to recover by reason of such negligence? Answer: $4,000. The court rendered judgment for plaintiff and defendant appealed.

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Appeal from Webb, J., at the Spring Term, 1910, of ‘Wa-tauga. Civil action to recover for the negligent killing of plaintiff’s intestate. These issues were submitted: 1. Was the death of plaintiff’s intestate caused by the negligence of the defendant? Answer: Yes. 2. What damage is plaintiff entitled to recover by reason of such negligence? Answer: $4,000. The court rendered judgment for plaintiff and defendant appealed. The facts are stated fully in the opinion of Mr. Justice Brown.

1Opinion of the CourtBrown, J.

The defendant is a resident corporation created under the laws of the State of North Carolina (Private Laws of 1891, chapter 291), and was operating a turnpike road with toll gates over the road and collecting tolls from the patrons of said road between the towns of Yalle Crucis, in the county of Wa-tauga, and Elk Park, in the county of Mitchell.

It appears that at the point on defendant’s road where the plaintiff’s intestate was injured the roadbed was a solid causeway built up across a hollow or^gulch between two ridges, and that such causeway was constructed of logs, rocks and earth. That…

2Cases cited4 opinions

  1. City Council of Augusta v. HudsonSupreme Court of Georgia · 1894
  2. City of Atlanta v. WilsonSupreme Court of Georgia · 1877
  3. Georgia Railroad v. MayoSupreme Court of Georgia · 1893
  4. Howell v. MillsNew York Court of Appeals · 1874

3Cited by1 opinion

  1. Kearney v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1912

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