Deans v. Wilmington & Weldon Railroad
Supreme Court of North Carolina
Civil action for damages, tried before MacRae, J, at March Term, 1890, of Wayne Superior Court. The issues were — • 1. Was B. F. Deans killed by the negligence of the defendant ? 2. Did he, by his own negligence, contribute to his death? 3. What damage, if any, is the plaintiff administratrix entitled to recover? The plaintiff introduced the following evidence: W. A. Deans testified that deceased was between thirty-three and thirty-four years old.
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Civil action for damages, tried before MacRae, J, at March Term, 1890, of Wayne Superior Court. The issues were — • 1. Was B. F. Deans killed by the negligence of the defendant ? 2. Did he, by his own negligence, contribute to his death? 3. What damage, if any, is the plaintiff administratrix entitled to recover? The plaintiff introduced the following evidence: W. A. Deans testified that deceased was between thirty-three and thirty-four years old. “I went to the scene of the accident about 2 r. m. — half an hour after it occurred. The train usually passed that spot about 12 ji. I found B. E.…
1Opinion of the Court
Avery, J.:
When this Court, in the case of Gunter v. Wicker, 85 N. C., 312, adopted the rule laid down in Davies v. Mann, 10 M & W. (Exc.), 545, that “notwithstanding the previous negligence of the plaintiff, if, at the time when the injury was committed, it might have been avoided by the exercise of reasonable care and prudence on the part of the defendant, an action will lie for damages,” it was thenceforth aligned with one of two classes, holding widely divergent views as to the effect of contributory negligence on the part of a plaintiff, unler certain circumstances, upon his right of…
2Cases cited23 opinions
- Lake Shore & Michigan Southern Railroad v. MillerMichigan Supreme Court · 1872
- Aycock v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1883
- Isbell v. New York & New Haven RailroadSupreme Court of Connecticut · 1858
- Bullock v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Rounds v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1876
18 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Norton v. North Carolina RailroadSupreme Court of North Carolina · 1898
- Meredith v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
- High v. Carolina Central RailroadSupreme Court of North Carolina · 1893
- Pickett v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1895
52 more not listed; retrieve them via the Exa API.