Ward v. Wilmington & Weldon Railroad
Supreme Court of North Carolina
This was a civil action to recover the value of a certain horse alleged to have been negligently killed on defendant’s road, tried by Winston, J, and a jury, at Spring Term of Pender Court. The following issues were submitted to the jury— “ 1. Did the defendant, by its negligence in moving its cars and engine, kill the horse of the plaintiff? ” To which the jury responded, “ Yes.”
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This was a civil action to recover the value of a certain horse alleged to have been negligently killed on defendant’s road, tried by Winston, J, and a jury, at Spring Term of Pender Court. The following issues were submitted to the jury— “ 1. Did the defendant, by its negligence in moving its cars and engine, kill the horse of the plaintiff? ” To which the jury responded, “ Yes.” “2. If Yes, what damage has the plaintiff sustained thereby?” To which the jury responded, “ $75.” The defendant requested the Court to charge the jury— “ 1. If the jury believe that the engineer, as soon as he…
1Opinion of the Court
Avery, J.:
The defendant’s engineer testified that the bushes which hid the horse from his view grew “on the inside” of the “railroad drain” and “next to the track.” It was held on the former appeal in this case to be the duty of railroad companies to remove such growth, whether of shrubs, trees or grain, as was calculated to obstruct the view of their engineers, to the outer bank of the side ditches, or from all *570of the ground of which they assumed actual dominion for corporate purposes. Ward v. Railroad, 109 N. C., 358; Hinkle v. Railroad, 109 N. C., 472.
In making the addition and…
2Cases cited2 opinions
- Hinkle v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
- Ward v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1891
3Cited by4 opinions
- Blue v. Aberdeen & West End RailroadSupreme Court of North Carolina · 1895
- Shields v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1901
- Black v. Aberdeen & West End RailroadSupreme Court of North Carolina · 1894
- Simpson v. Enfield Lumber Co.Supreme Court of North Carolina · 1902