Davidson v. Seaboard Air Line Railway Co.
Supreme Court of North Carolina
Appeal by plaintiff from Garter, /., at March Term, 1916, of MECKLENBURG. Civil action tried upon these issues: 1. Was the plaintiff’s intestate’s death caused by the negligence of the defendant, as alleged in the complaint? Answer: “Yes.” 2. Did the plaintiff’s intestate contribute to her death by her own negligence, as alleged in the answer? Answer: “Yes.” 3. What damages, if any, is the plaintiff entitled to recover? Answer : ....
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Appeal by plaintiff from Garter, /., at March Term, 1916, of MECKLENBURG. Civil action tried upon these issues: 1. Was the plaintiff’s intestate’s death caused by the negligence of the defendant, as alleged in the complaint? Answer: “Yes.” 2. Did the plaintiff’s intestate contribute to her death by her own negligence, as alleged in the answer? Answer: “Yes.” 3. What damages, if any, is the plaintiff entitled to recover? Answer : .... The plaintiff tendered the following additional issue: “Notwithstanding the contributory negligence of the plaintiff’s intestate, could the defendant, by the…
1Opinion of the CourtBeowN, J.
This ease was before us at last term and is reported in 170 N. C., 281. On that trial a motion to nonsuit had been sustained apparently on the ground that upon the plaintiff’s evidence his intestate was guilty of contributory negligence which barred a recovery. We then held that the evidence was of the character that required the issue of contributory negligence to be submitted to the determination of a jury. We are of opinion that the court properly refused to submit the issue tendered by the plaintiff, as there is no evidence upon which to base it.
The evidence of contributory negligence on…
2Cases cited9 opinions
- Malott v. HawkinsIndiana Supreme Court · 1902
- Coleman v. . R. R.Supreme Court of North Carolina · 1910
- Trull v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1909
- Parker v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1882
- Crawford v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1899
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Wagoner v. North Carolina RailroadSupreme Court of North Carolina · 1953
- Redmon v. . R. R.Supreme Court of North Carolina · 1928
- Coleman v. . R. R.Supreme Court of North Carolina · 1910
- Eller v. North Carolina RailroadSupreme Court of North Carolina · 1931
- Rimmer v. Southern Railway Co.Supreme Court of North Carolina · 1935
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