Cole v. City of Durham
Supreme Court of North Carolina
ActioN tried before Bond, J., and a jury, at March Term, 1918, of Dueham. This action is brought by the plaintiff against the city of Durham, Strauss-Rosenberg Company, and the Carolina Light and Power Company to recover damages for injuries sustained by falling into a coal hole about four by six feet in the sidewalk on Main, the principal business street of the city of Durham.
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ActioN tried before Bond, J., and a jury, at March Term, 1918, of Dueham. This action is brought by the plaintiff against the city of Durham, Strauss-Rosenberg Company, and the Carolina Light and Power Company to recover damages for injuries sustained by falling into a coal hole about four by six feet in the sidewalk on Main, the principal business street of the city of Durham. On 80 July, the plaintiff was going from her home about 8 o’clock in the morning to 0. W. Kendall’s store, where she worked as a milliner. The evidence discloses that when plaintiff reached the point in front of…
1Opinion of the Court
Walker, J.,
after stating the case: The record in this case is quite voluminous and the briefs lengthy, but very ably prepared, and have been of great assistance to us in eliminating from the great mass of' testimony and argument the real questions at issue, which are few and,, as we think, free from any difficulty.
We may say in the beginning that there is no complaint from any one of the coal cellar and its doors either as to construction or the material used. The owner, in this respect, had fully complied with the law and his duty in the premises in making the opening in the sidewalk both…
2Cases cited19 opinions
- Robbins v. Chicago CitySupreme Court of the United States · 1867
- Chicago City v. RobbinsSupreme Court of the United States · 1863
- Powell v. Construction Co.Tennessee Supreme Court · 1890
- Gregg v. City of WilmingtonSupreme Court of North Carolina · 1911
- Davis v. Summerfield.Supreme Court of North Carolina · 1903
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- Scott v. Waccamaw Lumber Co.Supreme Court of North Carolina · 1950
- Miami Quarry Co. v. Seaborg Packing Co.Oregon Supreme Court · 1922
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