Legal Opinion · Dissent

Cogdell v. Wilmington & Weldon Railroad

Supreme Court of North Carolina

Decided May 13, 1902Published

AcxioN by Mariali Cogdell, administratrix of Samuel Cog-dell, against tbe Wilmington and Weldon Railroad Company,, beard by Judge O. H. Allen and a jury, at February Term, 1901, of tbe Superior Court of Beaueobt County. From a judgment for tbe defendant, tbe plaintiff appealed.

1DissentDouglas, J.

This case is before us the second time, having been reported in 124 N. C., 302.

As the jury has found the defendant guilty of negligence, and the defendant has not appealed, we need not consider that phase of the case.

The contributory negligence of the intestate, with the evidence bearing thereon and the instructions relating thereto, is alone before us. The general construction of The wharf, platform and apron not set out in the former opinion.

The witness Langley testified that he was familiar with the locality, having worked there at one time, and that he went there immediately after the…

2Cases cited20 opinions

  1. Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
  2. Texas & Pacific Railway Co. v. GentrySupreme Court of the United States · 1896
  3. Cox v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1898
  4. Prideaux v. City of Mineral PointWisconsin Supreme Court · 1878
  5. Clary's Administrators v. ClarySupreme Court of North Carolina · 1841

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