Dunn v. Wilmington & Weldon Railroad
Supreme Court of North Carolina
Civil ActioN to recover damages for personal injury suffered by tbe plaintiff from being thrown from bis wagon, bis borses taking frigbt from tbe negligent letting off steam by tbe defendant from its engine on a side-track, along a public street in tbe town of Warsaw, tried before Robinson, J., at Special December Term, 1897, of DupliN Superior Court.
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Civil ActioN to recover damages for personal injury suffered by tbe plaintiff from being thrown from bis wagon, bis borses taking frigbt from tbe negligent letting off steam by tbe defendant from its engine on a side-track, along a public street in tbe town of Warsaw, tried before Robinson, J., at Special December Term, 1897, of DupliN Superior Court. Tbe issues were: 1. Was the plaintiff injured through the negligence of the defendant ? 2. Did the plaintiff, by his negligence, contribute to his injury ? 3. What damage is the plaintiff entitled to recover? His Honor instructed the jury, upon…
1Opinion of the Court
This is an action to recover damages on account of personal injuries received by the plaintiff through the alleged negligence of the defendant, in causing or permitting steam to escape from one of its engines while standing in or near a public street, whereby the horses driven by the plaintiff became frightened, ran away and severely injured the plaintiff. The usual issues were submitted, the first being as follows: "Was the plaintiff injured by the negligence of the defendant?" The court directed the jury to answer this issue in the negative, which ended the case.
The following facts appear…
2Cases cited9 opinions
- Spruill v. Northwestern Mutual Life InsuranceSupreme Court of North Carolina · 1897
- Cox v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1898
- Flynn v. . TaylorNew York Court of Appeals · 1891
- Cable v. Southern Railway Co.Supreme Court of North Carolina · 1898
- Tinker v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1898
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Powell v. Southern Railway Co.Supreme Court of North Carolina · 1899
- Gates v. . MaxSupreme Court of North Carolina · 1899
- Brinkley v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1900
- Duffy v. A. & N. C. RailroadSupreme Court of North Carolina · 1907
- Dunn v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1900
4 more not listed; retrieve them via the Exa API.