Russell v. Town of Monroe
Supreme Court of North Carolina
Civil ACTION, for damages, commenced on the 4th of August,. 1893, and tried before Winston, J., and a jury, at August Term, 1894, of UNION Superior Court.
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Civil ACTION, for damages, commenced on the 4th of August,. 1893, and tried before Winston, J., and a jury, at August Term, 1894, of UNION Superior Court. The following issues were, by consent of the parties, submitted to the jury, who responded to them as indicated, to-wit: “1. Was plaintiff injured by the negligence of the defendants? Answer,‘Yes.’ “2. If so, 'did the plaintiff, by her own negligence, contribute to her own injury? Answer, ‘Yes.’ “3. What damage, if any, is the plaintiff entitled to recover? Not responded to. There was no exception to the reception or rejection of any…
1Opinion of the Court
Avery, J.:
The law imposes upon the Mayor and Commissioners of incorporated towns the imperative duty of “ Keeping in proper repair the streets and bridges of the town ” ( The Code, Sec. 3803) and for a failure to fulfill its requirements they may subject themselves to criminal liability. State v. Commissioners, 4 Dev., 345. The testimony fully warranted the jury in finding that the governing authorities of the town were negligent in leaving open a ditch three feet deep at the point where it crossed a part *727of the sidewalk, for sufficient space (two and half by four feet) to admit the body of a…
2Cases cited8 opinions
- Bunch v. Town of EdentonSupreme Court of North Carolina · 1884
- City of Indianapolis v. GastonIndiana Supreme Court · 1877
- Mason v. Richmond & Danville RailroadSupreme Court of North Carolina · 1892
- Dewire v. BaileyMassachusetts Supreme Judicial Court · 1881
- Emry v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Fitzgerald v. Concord.Supreme Court of North Carolina · 1905
- Tillett v. Norfolk & Western R. R.Supreme Court of North Carolina · 1896
- Houston v. City of MonroeSupreme Court of North Carolina · 1938
- Willis v. . New BernSupreme Court of North Carolina · 1926
- Ferguson Ex Rel. Ferguson v. City of AshevilleSupreme Court of North Carolina · 1938
31 more not listed; retrieve them via the Exa API.