Little v. Carolina Central Railroad
Supreme Court of North Carolina
Civil aotioN, tried before Bryan, J., and a jury, at January Term, 1896, Superior Court of UNION County. The Court submitted the following- issues: “1. Was the plaintiff injured by the negligence of the defendant? 2. Did the plaintiff contribute to his injury by his own negligence ? 3. Notwithstanding the negligence of the plaintiff, could the-defendant have avoided the injury to the plaintiff by the exercise of ordinary care?” The plaintiff testified in his own behalf as…
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Civil aotioN, tried before Bryan, J., and a jury, at January Term, 1896, Superior Court of UNION County. The Court submitted the following- issues: “1. Was the plaintiff injured by the negligence of the defendant? 2. Did the plaintiff contribute to his injury by his own negligence ? 3. Notwithstanding the negligence of the plaintiff, could the-defendant have avoided the injury to the plaintiff by the exercise of ordinary care?” The plaintiff testified in his own behalf as follows: “On January 19, 1894, came to Monroe and walked borne on railroad track, one and a half miles this side Beaver…
1Opinion of the CourtAvery, J.
(after stating the case): It was conceded and settled in Clark v. Railroad, 109 N. C., 430, that one who attempts to walk across an elevated trestle, so high that it is dangerous to jump from it to the ground, is negligent, and that where he is injured by a train while crossing, it is the duty of a jury to find, in response to an issue involving the question, that he contributed by his own carelessness to cause the injury. Pickett v. Railroad, 117 N. C., 616; Baker v. Railroad, decided at this Term. In the case at bar, as in Olark v. Railroad, supra, the only question presented is, whether…
2Cases cited5 opinions
- Emery v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1889
- Clark v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1891
- Pickett v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1895
- Russell v. Town of MonroeSupreme Court of North Carolina · 1895
- Blue v. Aberdeen & West End RailroadSupreme Court of North Carolina · 1895
3Cited by7 opinions
- Schneider v. Mobile L. & R. R.Supreme Court of Alabama · 1906
- Williams v. Southern Railway Co.Supreme Court of North Carolina · 1896
- Purcell v. . R. R.Supreme Court of North Carolina · 1896
- Hamilton v. Birmingham Ry. L. & P. Co.Supreme Court of Alabama · 1917
- Purcell v. Southern Railway Co.Supreme Court of North Carolina · 1896
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