Wallace v. Western North Carolina Railroad
Supreme Court of North Carolina
Civil action, tried i efore MacRae, Judge, at Spring Term, 1887, of McDowell Superior Court. In November, 1885, the plaintiff was a passenger on a freight train of the defendant company, going from the town •of Old Fort to the town of Marion, and he alleges, substantially, that for want of due care and attention, the locomotive to which the train was attached was overloaded, causing it to “ stall,” and by the careless, unskillful and negligent management of the servants and…
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Civil action, tried i efore MacRae, Judge, at Spring Term, 1887, of McDowell Superior Court. In November, 1885, the plaintiff was a passenger on a freight train of the defendant company, going from the town •of Old Fort to the town of Marion, and he alleges, substantially, that for want of due care and attention, the locomotive to which the train was attached was overloaded, causing it to “ stall,” and by the careless, unskillful and negligent management of the servants and agents of the defendant •company, it was driven with such terrible force against the cars of the defendant as to cause…
1Opinion of the Court
Davis, J.,
(after stating the case). The charge of his Honor is set out in full, but as we think there was error in instructing the jury that there was no evidence of contributory negligence, it is not necessary for us to consider how far the prayer for instructions, though not given in the form requested, was substantially met by the charge as given, or whether the charge did not cover the instructions asked for to the full extent to which the defendant was entitled; and we may say that the defendant was not entitled to the 6th, 7th and 8th instructions at all.
In Smith v. N. C. R. R. Co., 64…
2Cases cited1 opinion
- Smith v. North Carolina R. R.Supreme Court of North Carolina · 1870
3Cited by12 opinions
- Wallace v. Western N. C. RailroadSupreme Court of North Carolina · 1889
- Williams v. . Stores Co., Inc.Supreme Court of North Carolina · 1936
- Marable v. RailroadSupreme Court of North Carolina · 1906
- Graves v. Railroad Co.Supreme Court of North Carolina · 1904
- Louisville & Nashville Railroad v. BischIndiana Supreme Court · 1889
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