Fisher v. New Bern.
Supreme Court of North Carolina
ActioN by John H. Eisher, Administrator of Boss Cobb, deceased, against City of New Bern; beard by Judge IS. R. Bryan and a jury, at the November Term, 1905, of the Superior Court of CRAVEN. This was a civil action for damages alleged to have been sustained by the plaintiff by reason of the death of bis intestate, caused by the negligence of the defendant.
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ActioN by John H. Eisher, Administrator of Boss Cobb, deceased, against City of New Bern; beard by Judge IS. R. Bryan and a jury, at the November Term, 1905, of the Superior Court of CRAVEN. This was a civil action for damages alleged to have been sustained by the plaintiff by reason of the death of bis intestate, caused by the negligence of the defendant. The testimony, which upon demurrer must be taken as true, showed that the defendant is a municipal corporation, having the usual powers and duties conferred and imposed upon cities and towns in this State. Section 54, chapter 82, Private…
1Opinion of the Court
Connor, J.,
after stating the case: The defendant’s principal contention is presented by its exception to the following instruction: “Chapter 41, Private Laws 1903, does not create the water and light commission into a separate corporation. The act makes the commission officer's and agents of the city of New Bern, and if the jury find that the commisison was negligent, the city would be responsible for such negligence.” His Honor correctly construed the statute and drew the proper conclusion- in regard to the relation established between the commission and -the defendant. The Act of 1903, read…
2Cases cited6 opinions
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- White v. Commissioners of ChowanSupreme Court of North Carolina · 1884
- McIlhenney v. City of WilmingtonSupreme Court of North Carolina · 1900
- Mitchell v. Raleigh Electric Co.Supreme Court of North Carolina · 1901
- City of Chicago v. Selz, Schwab & Co.Illinois Supreme Court · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Rhodes v. City of AshevilleSupreme Court of North Carolina · 1949
- McKinney v. City of High PointSupreme Court of North Carolina · 1953
- Glenn Ex Rel. Glenn v. City of RaleighSupreme Court of North Carolina · 1957
- Asbury v. Town of AlbemarleSupreme Court of North Carolina · 1913
- Harrington v. Commissioners of WadesboroSupreme Court of North Carolina · 1910
37 more not listed; retrieve them via the Exa API.