Taylor v. Richmond & Danville Railroad
Supreme Court of North Carolina
Civil action, tried at April Term, 1891, of Wayne Superior Court, before Winston, J. This action was brought to recover damages occasioned by the alleged negligence of the defendant. The latter, in its answer, denies the material allegations of the complaint, and alleges contributory negligence on the part of the plaintiff, which directly brought about the injuries complained of.
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Civil action, tried at April Term, 1891, of Wayne Superior Court, before Winston, J. This action was brought to recover damages occasioned by the alleged negligence of the defendant. The latter, in its answer, denies the material allegations of the complaint, and alleges contributory negligence on the part of the plaintiff, which directly brought about the injuries complained of. The Court submitted the following issues to the jury— “1. Was the plaintiff injured by the negligence of the defendant? 2. Was the plaintiff guilty of contributory negligence? 3. What damage, if any, is the plaintiff…
1Opinion of the Court
MerrimoN, C. J.:
When the plaintiff brings his action to. recover damages for injuries sustained by him, occasioned by the alleged negligence of the defendant, he cannot recover if the defendant alleges and proves contributory negligence on the part of the plaintiff, which was the direct proximate cause of such injuries. To make such defence effective it must appear that the negligence of the plaintiff was concurrent with that of the defendant and directly contributed to the injuries complained of. The contributory negligence is direct, proximate, when the concurrent negligence of the parties…
2Cases cited5 opinions
- Troy v. Cape Fear & Yadkin Valley RailroadSupreme Court of North Carolina · 1888
- Gunter v. . WickerSupreme Court of North Carolina · 1881
- Doggett v. Richmond & Danville RailroadSupreme Court of North Carolina · 1878
- Farmer v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1883
- Smith v. Richmond & Danville RailroadSupreme Court of North Carolina · 1888
3Cited by4 opinions
- Mincey v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1913
- Allen v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1907
- Allen v. . R. R.Supreme Court of North Carolina · 1907
- Benson v. N.Y., N.H. H.R.R. CompanySupreme Court of Rhode Island · 1904