Gregg v. City of Wilmington
Supreme Court of North Carolina
Appeal from Coolce, J., at tbe May Term, 1910, of New HANOVER. Tbis action was brought by the plaintiff against tbe City of Wilmington and James E. Woolvin to recover damages for negligently causing tbe death of E. M. Gregg, her husband and intestate.
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Appeal from Coolce, J., at tbe May Term, 1910, of New HANOVER. Tbis action was brought by the plaintiff against tbe City of Wilmington and James E. Woolvin to recover damages for negligently causing tbe death of E. M. Gregg, her husband and intestate. Tbe defendant Woolvin, who was engaged in the demolition of an old building for tbe purpose of 'constructing a new one on tbe same site, obtained permission from tbe authorities of tbe city to use tbe sidewalk in front of tbe lot temporarily as a place for piling bricks taken from tbe old building. In order to do the work, it became necessary to…
1Opinion of the Court
(22) APPEAL OF CITY OF WILMINGTON. After stating the case: We need not consider the numerous exceptions taken in this case, amounting in all to eighty-six. It is sufficient for us to say that there was error in setting aside the answers to the second and fourth issues and giving judgment against the city upon the others. The negligence of Woolvin necessarily preceded that of the city, if there was any negligence at all, for the city is charged with negligence, not because it carelessly piled the brick in the street, but because Woolvin having so negligently piled them, it permitted them to…
2Cases cited23 opinions
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- Robbins v. Chicago CitySupreme Court of the United States · 1867
- Chicago City v. RobbinsSupreme Court of the United States · 1863
- Union Stock Yards Co. v. Chicago, Burlington & Quincy RailroadSupreme Court of the United States · 1905
- City of Brooklyn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1872
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3Cited by43 opinions
- Hayes v. City of WilmingtonSupreme Court of North Carolina · 1956
- Wheeler v. GlazerTexas Supreme Court · 1941
- Hunsucker v. High Point Bending & Chair Co.Supreme Court of North Carolina · 1953
- Charnock v. . TaylorSupreme Court of North Carolina · 1943
- Krametbauer v. McDonaldNew Mexico Supreme Court · 1940
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