Emry v. Raleigh & Gaston Railroad
Supreme Court of North Carolina
Civil ACTION, tried at Fall Term, 1890, of Halifax Superior Court-, Whitaker, J., presiding. The plaintiffs brought this action to recover damages for alleged injuriesto the feme plaintiff's land, brick-yard and brick, situate on the same, a short distance above the place where the defendant’s railroad crosses Chockeyotte Creek on an arched culvert.
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Civil ACTION, tried at Fall Term, 1890, of Halifax Superior Court-, Whitaker, J., presiding. The plaintiffs brought this action to recover damages for alleged injuriesto the feme plaintiff's land, brick-yard and brick, situate on the same, a short distance above the place where the defendant’s railroad crosses Chockeyotte Creek on an arched culvert. It is alleged that this culvert was too small to allow-the water of the creek to pass freely through it in times of freshet, and that the free-ffow of the water was obstructed by it, and the'water became ponded and made to flow back upon…
1Opinion of the CourtMekrimon, C. J.
after stating the case: It is not the province of the jury to ascertain and determine what is negligence, or what is reasonable diligence. It is too well settled in this State to admit of serious question, that such questions are questions of law to be decided by the Court W'hen the pertinent facts are ascertained, or are admitted, or the evidence is to be accepted as true. AYhen, however, the facts are to be found by the jury from conflicting evidence upon issues of fact submitted to them, as must happen perhaps in most cases, the Court should submit the evidence to them with appropriate…
2Cases cited5 opinions
- Aycock v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1883
- Pleasants v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1886
- Smith v. North Carolina R. R.Supreme Court of North Carolina · 1870
- Smith v. Richmond & Danville RailroadSupreme Court of North Carolina · 1888
- Sellars v. Richmond & Danville RailroadSupreme Court of North Carolina · 1886
3Cited by24 opinions
- Haynes v. Kaleigh Gas Co.Supreme Court of North Carolina · 1894
- Russell v. Carolina Central R. R.Supreme Court of North Carolina · 1896
- Russell v. Town of MonroeSupreme Court of North Carolina · 1895
- Sherill v. Western Union Telegraph Co.Supreme Court of North Carolina · 1895
- Chesson v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1896
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