Legal Opinion

Forbes v. City of Rocky Mount

Supreme Court of North Carolina

Decided February 18, 1914PublishedCited by 2 opinions

Appeal bv defendant from Connor, J., at October Term, 1913, of Edgecombe. Civil action, tried upon these issues : 1. Was the plaintiff Norman Forbes injured by the negligence of the defendant, as alleged in the, complaint ? Answer: Yes. 2. Did the plaintiff Norman Forbes contribute to his injury by his own negligence? Answer: No. 3. What sum, if any, is plaintiff Norman Forbes entitled to recover as damages? Answer: $2,500. 4. Wliat sum, if any, is plaintiff John'Forbes…

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Appeal bv defendant from Connor, J., at October Term, 1913, of Edgecombe. Civil action, tried upon these issues : 1. Was the plaintiff Norman Forbes injured by the negligence of the defendant, as alleged in the, complaint ? Answer: Yes. 2. Did the plaintiff Norman Forbes contribute to his injury by his own negligence? Answer: No. 3. What sum, if any, is plaintiff Norman Forbes entitled to recover as damages? Answer: $2,500. 4. Wliat sum, if any, is plaintiff John'Forbes entitled to recover as damages? Answer: $250. From the judgment rendered, the defendant appealed.

1Opinion of the CourtBrowN, J.

The plaintiff sues the defendant for damage for a personal injury received by coming in contact with an electric light wire of the defendant’s municipal plant, hanging down over the street. The plaintiff was- riding a bicycle and attempted to push the wire out of his way, and was thrown to the ground and burned. The defendant assigns error:

1. For that the court erred in pei-mitting the defendant’s witness Martin to testify, on cross-examination, over defendant’s ■objection, as follows, towit:

Q. What was the cause of that wire falling- about 30 yards below there at the time Mr. Warren was…

2Cases cited3 opinions

  1. Cheek v. Lumber Co.Supreme Court of North Carolina · 1904
  2. Bottoms v. . KentSupreme Court of North Carolina · 1855
  3. Grant v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1891

3Cited by2 opinions

  1. Croxton v. Duke Power Co.Court of Appeals for the Fourth Circuit · 1950
  2. Grant v. . R. R.Supreme Court of North Carolina · 1891

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