Pate v. Tar Heel Steamboat Co.
Supreme Court of North Carolina
ActxoN tried before Long, J., and a jury, at.April Term, 1908, of OumbbRlaND, to recover damages for tbe death of Hector Lloyd Pate, alleged to have been brought/ about by the negligence of tbe defendant.
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ActxoN tried before Long, J., and a jury, at.April Term, 1908, of OumbbRlaND, to recover damages for tbe death of Hector Lloyd Pate, alleged to have been brought/ about by the negligence of tbe defendant. The following issues were submitted: • 1. “Was the death of the plaintiff’s intestate caused by the negligence of the defendant, as alleged?” Answer: “Yes.” 2. “Did the plaintiff’s intestate, by his own negligence, contribute to his death?” Answer: “Yes.” 3. “Notwithstanding such negligence on the part of said intestate, could the defendant, by 'the exercise of reasonable care and prudence,…
1Opinion of the CourtBeowN, J.
It is unnecessary to consider any exceptions arising upon the tidal bearing exclusively upon the first and second issues.
In consequence of the findings of the jury upon these issues, the plaintiff cannot recover, except upon the ground that, after discovering the peril of the plaintiff’s intestate, the master and servants of defendant failed to make all reasonable efforts to rescue him.
The intestate was a passenger on defendant’s steamer, “Tar Heel,” from Wilmington to Fayetteville. When about eight miles up the river from Wilmington, at about 8 o’clock at night, when about to descend the…
2Cases cited1 opinion
- Southerland v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
3Cited by8 opinions
- Hubbard v. Southern Railway Co.Supreme Court of North Carolina · 1932
- Hunicke v. Meramec Quarry Co.Supreme Court of Missouri · 1914
- Warshauer v. Lloyd Sabaudo S. A.Court of Appeals for the Second Circuit · 1934
- Morton v. Washington Light & Water Co.Supreme Court of North Carolina · 1915
- Perkins v. ClarkeSupreme Court of North Carolina · 1954
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