Legal Opinion

Bottoms v. Seaboard & Roanoke Railroad

Supreme Court of North Carolina

Decided February 5, 1894PublishedCited by 32 opinions

This was a civil ACTION, tried at Spring Term, 1893, of the Superior Court of NORTHAMPTON County, before Hoke, J., and a jury.

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This was a civil ACTION, tried at Spring Term, 1893, of the Superior Court of NORTHAMPTON County, before Hoke, J., and a jury. The following issues were submitted to the jury: “ 1. TTas the plaintiff injured by negligence of defendant ? “2. Did plaintiff’s own negligence contribute to his injury? “3. Notwithstanding the contributory negligence of ■ plaintiff could defendant have avoided the injury by the exercise of ordinary care and prudence? “4. What damage is plaintiff entitled to recover?” The defendant, after the evidence was closed, objected to the submission of the third issue.…

1Opinion of the Court

(Discussion by the Chief Justice of the doctrine of "imputed negligence.") The following issues were submitted to the jury:

1. Was the plaintiff injured by negligence of defendant?

2. Did plaintiff's own negligence contribute to his injury?

3. Notwithstanding the contributory negligence of plaintiff, could defendant have avoided the injury by the exercise of ordinary care and prudence?

4. What damage is plaintiff entitled to recover?(700) The defendant, after the evidence was closed, objected to the submission of the third issue. Objection overruled, and defendant excepted.

The court charged the…

2Cases cited21 opinions

  1. Railroad Co. v. GladmonSupreme Court of the United States · 1873
  2. Hartfield v. RoperNew York Supreme Court · 1839
  3. Robinson v. ConeSupreme Court of Vermont · 1850
  4. Kay v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1870
  5. Wymore v. Mahaska CountySupreme Court of Iowa · 1889

16 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Davis v. . R. R.Supreme Court of North Carolina · 1904
  2. Anderson v. Great Northern Railway Co.Idaho Supreme Court · 1908
  3. Gunn v. Ohio River R.West Virginia Supreme Court · 1896
  4. Bradley v. Ohio River & Charleston Railway Co.Supreme Court of North Carolina · 1900
  5. Palmer v. Oregon Short Line R.Utah Supreme Court · 1908

27 more not listed; retrieve them via the Exa API.

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