Johnson v. Atlantic & North Carolina Railroad
Supreme Court of North Carolina
ActioN by Richard Johnson against tbe Atlantic and North Carolina Railroad Company, beard by Judge O. R. Allen and a jury, at January Term, 1902, of tbe Superior Court of WayNe County. Erom a judgment for tbe plaintiff, tbe defendant appealed.
1Opinion of the CourtClark, J.
Tbe defendant, in bis brief, says “the defendant does not deny that there was evidence of negligence, but insists that tbe plaintiff, on bis own showing, was guilty of contributory negligence, and tbe action should have been dismissed,” and that is tbe only point relied on therein. Tbe statute (Laws 1881, Chap. 33) provides that tbe defense of contributory negligence “shall be set up in tbe answer and proved on tbe trial.” Clark’s Code (3d Ed.), page 237. Tbe contention, therefore, that tbe action should be dismissed can not be sustained. Neal v. Railroad, 126 N. C., 634, 49 L. R. A., 684, is…
2Cases cited1 opinion
- Neal v. Carolina Central RailroadSupreme Court of North Carolina · 1900
3Cited by26 opinions
- Swenson v. ThibautCourt of Appeals of North Carolina · 1978
- Underwood v. StaffordSupreme Court of North Carolina · 1967
- Neal v. . R. R.Supreme Court of North Carolina · 1900
- Denny v. North Carolina RailroadSupreme Court of North Carolina · 1903
- Drumwright v. . Theatres, Inc.Supreme Court of North Carolina · 1947
21 more not listed; retrieve them via the Exa API.