Murphy v. Wilmington & Weldon Railroad
Supreme Court of North Carolina
Civil action, (for the recovery of damages,) tried before his Honor, Judge Hussell, at Spring Term, 1873, of the Superior Court of GreeNE county. The plaintifi brings this action against the defendant to recover damages for the destruction of his wagon under the following circumstances: Plaintiff had his wagon at the warehouse of defendant in Goldsboro, to receive freight.
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Civil action, (for the recovery of damages,) tried before his Honor, Judge Hussell, at Spring Term, 1873, of the Superior Court of GreeNE county. The plaintifi brings this action against the defendant to recover damages for the destruction of his wagon under the following circumstances: Plaintiff had his wagon at the warehouse of defendant in Goldsboro, to receive freight. The warehouse is 300 feet long, having a platform on each side its entire length; the track on which the cars stand for the receipt and delivery of freight is near to and parallel with the platform. The warehouse has a…
1Opinion of the CourtSettle, J.
The plaintiff alleges that he has been endam-aged'by the negligence of the defendant. We think that his losses are the result of his own carelessness, and if any one has a right to complain, it is the defendant.
The plaintiff inspected the ground and placed his wagon so near the main tract of the defendant’s road as to prevent the train from passing without striking the wagon, and his excuse for doing so, is that “ he thought there was room for trains to pass without striking his wagon,” Why then blame the company if its agent, the engineer, thought the same thing ?
But it seems that the…
2Cited by1 opinion
- Manly v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1876