Comer v. City of Winston-Salem
Supreme Court of North Carolina
Appeal by defendant from Bryson, J., at May Term, 1919, of Eoe-syth. The plaintiffs intestate, Joseph Earl Comer, was a white child, about ' 28 months old, whose parents were preparing to leave the city, their household effects being at the railroad station for shipment.
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Appeal by defendant from Bryson, J., at May Term, 1919, of Eoe-syth. The plaintiffs intestate, Joseph Earl Comer, was a white child, about ' 28 months old, whose parents were preparing to leave the city, their household effects being at the railroad station for shipment. His mother was staying with her parents in Winston-Salem preparatory to West Street; its mother was helping in the housework preparing dinner at this time; there were thirteen members of the family; the child had not been out of the sight of the mother more than twenty minutes, and just five minutes before it was killed the…
1Opinion of the Court
Clark, O. J.
This case, in many respects, is a stronger case for plain- • tiff than Starling v. Cotton Mills, 171 N. C., 222, in which there was a reservoir near a cotton mill around which the children of the employees were in the habit of playing, and there was the protection only of a fence, which, becoming dilapidated, a child got through, and falling into the water, was drowned. The Court held, in that case, that it was the negligence of the owners of the mill that the fence was defective.
In this case the city was responsible for not maintaining an efficient railing, which would have…
2Cases cited6 opinions
- Pickett v. . R. R.Supreme Court of North Carolina · 1895
- Benton v. North Carolina RailroadSupreme Court of North Carolina · 1898
- Ferrell v. Dixie Cotton MillsSupreme Court of North Carolina · 1911
- Watson v. Seaboard Air Line RailroadSupreme Court of North Carolina · 1903
- Poe v. RailroadSupreme Court of North Carolina · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Fitch v. Selwyn Village, Inc.Supreme Court of North Carolina · 1951
- Ford Ex Rel. Ford v. Blythe Bros.Supreme Court of North Carolina · 1955
- Hunt v. City of High PointSupreme Court of North Carolina · 1946
- D'Angelo v. Rutland Railway Light & Power Co.Supreme Court of Vermont · 1927
- Hanes v. . Utilities Co.Supreme Court of North Carolina · 1926
8 more not listed; retrieve them via the Exa API.