Jackson v. Commissioners of Greene County
Supreme Court of North Carolina
Negligence — Liability of County -- Judge’s Charge. Civil ActioN for Damages, tried at Spring Term, 1876, of "WilsoN Superior Court, before Kerr, J. The action was brought to the Superior Court of Greene .and removed to "Wilson. The plaintiff claimed damages of the defendants for injuries received in consequence of their •failure to construct and keep in repair a public bridge across Nahunta Creek in Greene County.
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Negligence — Liability of County -- Judge’s Charge. Civil ActioN for Damages, tried at Spring Term, 1876, of "WilsoN Superior Court, before Kerr, J. The action was brought to the Superior Court of Greene .and removed to "Wilson. The plaintiff claimed damages of the defendants for injuries received in consequence of their •failure to construct and keep in repair a public bridge across Nahunta Creek in Greene County. The material facts are, that plaintiff and Miss R., her ■ friend, on the 21st of September,. 1874, were travelling a public road leading from Lenoir to Wilson County. Upon arriving…
1Opinion of the CourtRbade, J.
Ilis Honor in singling out the testimony of the witness Rawls when there were several others testifying to the same matters, and charging the jury that if they believed his evidence, then there was no negligence on the part of the defendant, put himself in conflict-with Anderson v. C. F. Steamboat Co. 64 N. C. 399, and Willey v. Gatling, 70 N. C. 410. And if the case turned upon that, then it may be that we w-ould have to grant a new trial.
And so wm think His Honor was in error in charging the jury that if the bridge was down four or five weeks, then there was negligence on the part of the…
2Cases cited2 opinions
- Anderson v. Cape Fear Steamboat Co.Supreme Court of North Carolina · 1870
- Willey v. GatlingSupreme Court of North Carolina · 1874
3Cited by16 opinions
- State v. . RogersSupreme Court of North Carolina · 1885
- Cogdell v. Southern Railway Co.Supreme Court of North Carolina · 1901
- Harris v. . MurphySupreme Court of North Carolina · 1896
- State v. . AustinSupreme Court of North Carolina · 1891
- Williams v. . RichSupreme Court of North Carolina · 1895
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