Hipp v. Ferrall
Supreme Court of North Carolina
Civil actioN, tried before Stacy, /., and a jury, at July Term, 1916, of Lee. The action was to recover damages for physical injuries caused by the alleged negligence of defendants, as individual members of the highway commission of Lee County, in failing to repair a certain bridge on tbe line of Lee and Chatham counties and known as the Lockville bridge, and by reason of which • plaintiff, driving a wagon over same, was caused to fall with his team some 15 feet and thereby…
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Civil actioN, tried before Stacy, /., and a jury, at July Term, 1916, of Lee. The action was to recover damages for physical injuries caused by the alleged negligence of defendants, as individual members of the highway commission of Lee County, in failing to repair a certain bridge on tbe line of Lee and Chatham counties and known as the Lockville bridge, and by reason of which • plaintiff, driving a wagon over same, was caused to fall with his team some 15 feet and thereby receive serious injuries. On denial of liability, issues were submitted to the jury as to. negligent default and damages…
1Opinion of the CourtHoke, J.
On the former appeal the cause was presented on.demurrer of defendants, and it was thereby admitted, as alleged in the complaint, that defendants were members of the highway commission of Lee County; that Lockville bridge, constituting a part of the public highways of said county, was under the exclusive care and control of said defendants; that for fifty-two days prior to the occurrence, and with “means and resources” sufficient to repair it, they had “negligently and carelessly” allowed said'bridge to remain in an “unsafe and dangerous condition,” by reason of which the injuries complained…
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