Legal Opinion

Bethea v. Raleigh & Augusta Railroad

Supreme Court of North Carolina

Decided February 15, 1890PublishedCited by 2 opinions

Civil action, originally commenced before a Justice of the Peace, to recover damages for the killing of an ox by the negligent running of defendant’s train, and, on appeal, tried before Shipp, J.¡ at August Term, 1889, of the Superior Court of Moore County. The killing of the animal was admitted, and there was evidence as to its value. There was also evidence on behalf of the defendant company, tending to show that there was due diligence and no negligence.

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Civil action, originally commenced before a Justice of the Peace, to recover damages for the killing of an ox by the negligent running of defendant’s train, and, on appeal, tried before Shipp, J.¡ at August Term, 1889, of the Superior Court of Moore County. The killing of the animal was admitted, and there was evidence as to its value. There was also evidence on behalf of the defendant company, tending to show that there was due diligence and no negligence. The evidence of the engineer, which, if accepted by the jury as true, would make a competent defence to the charge of negligent killing,…

1Opinion of the Court

Davjs, J.:

1. The Court did not give the instructions asked in the very language of the request, but they were substantially given, though in different language. The Court is not bound to give instructions in the words of the prayer, but it is sufficient if they be given in substance. This is too well settled to need citation of authority. Upon the question of negligence on the part of the defendant, we can see no substantial difference between the instructions asked and 'those given.

2. The instruction asked in regard to contributory negligence was properly refused. There was certainly no such…

2Cases cited2 opinions

  1. Horner v. . WilliamsSupreme Court of North Carolina · 1888
  2. Proctor v. . W. W. Railroad CompanySupreme Court of North Carolina · 1875

3Cited by2 opinions

  1. State Ex Rel. Merrell v. WhitmireSupreme Court of North Carolina · 1892
  2. State v. . MillsSupreme Court of North Carolina · 1895

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