Walker v. Town of Reidsville
Supreme Court of North Carolina
Civil action, tried before BoyJcin, Judge, and a jury, at January Term, 1887, of Rockingham Superior Court. The defendant, a municipal corporation, caused to be excavated within its limits a deep and wide pit between W est Market street and the east front of the town hall and market-house, which pit was not completed on the 24th of October, 1884. The edge thereof next to the market-house was fifteen feet from the front of this building, the edge of it next to the street…
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Civil action, tried before BoyJcin, Judge, and a jury, at January Term, 1887, of Rockingham Superior Court. The defendant, a municipal corporation, caused to be excavated within its limits a deep and wide pit between W est Market street and the east front of the town hall and market-house, which pit was not completed on the 24th of October, 1884. The edge thereof next to the market-house was fifteen feet from the front of this building, the edge of it next to the street mentioned was fifty-six feet from the sidewalk of the street next to it. The plaintiff, in the night of the day above…
1Opinion of the Court
Merrimon, J.,
(after stating the facts). Granting that the defendant was chargeable with negligence, in that its officers and agents failed to properly guard the pit mentioned by a proper railing, barriers, or otherwise, and that it would -be answerable therefor in a proper case, we are of opinion that the plaintiff cannot recover in this action, because, accepting the evidence produced by him on the trial as true, in any proper view of it, he negligently and directly contributed to the injury because of which he complains.
It appears that the pit was of considerable length, width, and depth,…
2Cases cited8 opinions
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Bunch v. Town of EdentonSupreme Court of North Carolina · 1884
- Parker v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1882
- Bruker v. Town of CovingtonIndiana Supreme Court · 1879
- Murray v. Richmond & Danville RailroadSupreme Court of North Carolina · 1885
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3Cited by14 opinions
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- Russell v. Town of MonroeSupreme Court of North Carolina · 1895
- McAdoo v. Richmond & Danville RailroadSupreme Court of North Carolina · 1890
- Russell v. . MonroeSupreme Court of North Carolina · 1895
- Erslew v. New Orleans & Northeastern RailroadSupreme Court of Louisiana · 1896
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