Davis v. Railroad Co.
Supreme Court of North Carolina
ActioN by H. C. Davis against tbe Seaboard Air Line Railroad, Company, heard by Judge M. II. Justice and a jury, at September Term, 1903, of the Superior Court of Bertie County. This is an action for damages for killing a cow. As the action was brought within six months after the cow was killed, a prima facie case of negligence arose under section 2326 of The Code.
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ActioN by H. C. Davis against tbe Seaboard Air Line Railroad, Company, heard by Judge M. II. Justice and a jury, at September Term, 1903, of the Superior Court of Bertie County. This is an action for damages for killing a cow. As the action was brought within six months after the cow was killed, a prima facie case of negligence arose under section 2326 of The Code. Btotk sides introduced testimony, and the issues and answers thereto were as follows: 1. Was the plaintiff the owner of the cow in question ? “Tes.” 2. Did the defendant company negligently and wrongfully kill said ■cow ? “Yes.” 3.…
1DissentMontgomery, J.
This is an action for damages for killing a cow. As the action was brought within six months after the cow was killed a prima facie case of negligence arose under section 2326 of the Code. Both sides introduced testimony, and the issues and answers thereto were as follows: 1. Was the plaintiff the owner of the cow in question? "Yes." 2. Did the defendant company negligently and wrongfully kill said cow? "Yes." 3. If so, what damage has the plaintiff sustained thereby? "$40."
All the exceptions before us relate to the refusal to nonsuit, the charge and the refusal to charge. Upon these…
2Cases cited2 opinions
- Gross v. Smith.Supreme Court of North Carolina · 1903
- Baker v. Roanoke & Tar River RailroadSupreme Court of North Carolina · 1903
3Cited by4 opinions
- Zollicoffer v. . ZollicofferSupreme Court of North Carolina · 1915
- Martin v. . KnightSupreme Court of North Carolina · 1908
- Williams v. WilliamsSupreme Court of North Carolina · 1961
- Williams v. WilliamsSupreme Court of North Carolina · 1961