Poe v. Railroad
Supreme Court of North Carolina
ActioN by O. 0. Poe, Administrator of Willie E. Brown, against Raleigla & Augusta Air Line Railroad Company, lieard by Judge 0. 8. Ferguson and a jury, at tbe November Term, 1905, of tbe Superior Court of Chatham. Plaintiff sued to recover damages of tbe defendant for negligently causing tbe death of bis intestate. Tbe negligence was admitted and tbe only question presented in tbe record relates to tbe question of damages.
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ActioN by O. 0. Poe, Administrator of Willie E. Brown, against Raleigla & Augusta Air Line Railroad Company, lieard by Judge 0. 8. Ferguson and a jury, at tbe November Term, 1905, of tbe Superior Court of Chatham. Plaintiff sued to recover damages of tbe defendant for negligently causing tbe death of bis intestate. Tbe negligence was admitted and tbe only question presented in tbe record relates to tbe question of damages. There was no objection to tbe general rule for tbe assessment of damages laid down by tbe court, but the defendant excepted because tbe court instructed tbe jury that tbe…
1Opinion of the Court
Walker, J.,
after stating tbe case: After giving full consideration to tbe able and ingenious argument of tbe plaintiffs counsel, we tbink tbe court erred in permitting tbe jury to consider tbe provisions of chapter 347 of tbe Acts of 1905 for tbe purpose of ascertaining tbe present value of tbe intestate’s life. Tbe rule for estimating'tbe damages to be allowed, in sucb cases as this one, bas been long settled and we bave no idea that tbe Legislature intended by tbe chapter above mentioned to change the rule so firmly established. That act was intended to apply strictly to an annuity which…
2Cases cited8 opinions
- Pickett v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1895
- Jeremiah M. Kesler v. . William A. SmithSupreme Court of North Carolina · 1872
- Benton v. North Carolina RailroadSupreme Court of North Carolina · 1898
- Bartlett v. SlaterSupreme Court of Connecticut · 1885
- Mendenhall v. North Carolina RailroadSupreme Court of North Carolina · 1898
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3Cited by17 opinions
- Pickett v. . R. R.Supreme Court of North Carolina · 1895
- Hunt v. WootenSupreme Court of North Carolina · 1953
- Bryant v. WoodliefSupreme Court of North Carolina · 1960
- Ward v. North Carolina RailroadSupreme Court of North Carolina · 1912
- Armentrout v. HughesSupreme Court of North Carolina · 1958
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