Legal Opinion

Duval v. Railroad Co.

Supreme Court of North Carolina

Decided March 8, 1904PublishedCited by 13 opinions

ActioN by Della Duval against tbe Atlantic Coast Line Railroad Company, beard by Judge Frederick Moore and a jury, at November Term, 1903, of tbe Superior Court of Jones County.

1Opinion of the CourtDouglas, J.

Tbis is an action for damages for personal injuries. Tbe jury found that tbe plaintiff was injured by tbe negligence of tbe defendant, and'that sbe contributed to ber injury by ber own negligence. There are but two exceptions that we think it necessary to pass upon in tbis appeal, both to tbe charge of tbe Court. Among other things tbe Court charged as follows: “Tbe plaintiff introduced a contract wherein it is provided that tbe East Carolina Land and Railroad Company shall not run its locomotive through tbe streets of New Bern at a speed greater than three miles an hour. ’ That tbe whistle…

2Cases cited19 opinions

  1. Little v. HackettSupreme Court of the United States · 1886
  2. Gorrell v. Greensboro Water Supply Co.Supreme Court of North Carolina · 1899
  3. Dyer v. . Erie Railway CompanyNew York Court of Appeals · 1877
  4. Philadelphia, Wilmington & Baltimore Railroad v. HogelandCourt of Appeals of Maryland · 1886
  5. Cahill v. CincinnatiCourt of Appeals of Kentucky · 1891

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3Cited by13 opinions

  1. Shultz v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
  2. Davis v. . R. R.Supreme Court of North Carolina · 1904
  3. Crampton v. Ivie Bros.Supreme Court of North Carolina · 1900
  4. Wilson v. RailroadSupreme Court of North Carolina · 1906
  5. Williams v. . R. R.Supreme Court of North Carolina · 1924

8 more not listed; retrieve them via the Exa API.

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