Neal v. Town of Marion
Supreme Court of North Carolina
Civil AotioN for damages for injuries alleged to¡ have been sustained, through negligence of defendant, while plaintiff was walking along a passway used as a part of the public street, tried before Shaw, Jat January Term, 1900, of McDowell Superior Court. The complaint alleged no demand upon the town authorities for payment of plaintiff’s claim, previous to suit, and the defendant moved -to dismiss the action on that account. Motion refused. Defendant excepted.
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Civil AotioN for damages for injuries alleged to¡ have been sustained, through negligence of defendant, while plaintiff was walking along a passway used as a part of the public street, tried before Shaw, Jat January Term, 1900, of McDowell Superior Court. The complaint alleged no demand upon the town authorities for payment of plaintiff’s claim, previous to suit, and the defendant moved -to dismiss the action on that account. Motion refused. Defendant excepted. There was evidence tending to show that in the town of Marion there was a passway along the right-of-way of the Southern Railway…
1Opinion of the CourtMontgomery, J.
The authorities of the town of Marion in 1881 commenced to use a part of the right-of-way of the Southern Railway Company as a street. It seems that the street was too narrow' to permit of sidewalks on both sides thereof, and that up to 1889 a sidewalk was made and kept up on the north side of the street when the sidewalk was changed to the south side of the street. The plaintiff, who was a resident of Marion, on hear return to' that place after an absence of a few months, on a train of the Southern Railway Company, upon going to her house along this street at 12 o;clock at night, took the…
2Cases cited7 opinions
- Bunch v. Town of EdentonSupreme Court of North Carolina · 1884
- Russell v. Town of MonroeSupreme Court of North Carolina · 1895
- Bruker v. Town of CovingtonIndiana Supreme Court · 1879
- Shields v. Town of DurhamSupreme Court of North Carolina · 1896
- Walker v. Town of ReidsvilleSupreme Court of North Carolina · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Willis v. . New BernSupreme Court of North Carolina · 1926
- Sugg v. . GreenvilleSupreme Court of North Carolina · 1915
- Russell v. . MonroeSupreme Court of North Carolina · 1895
- Hunt v. City of High PointSupreme Court of North Carolina · 1946
- Darden v. Town of PlymouthSupreme Court of North Carolina · 1914
7 more not listed; retrieve them via the Exa API.