Kinsey v. City of Kinston
Supreme Court of North Carolina
Civil aotioN, tried at October, 1906, Special Term of LeNOIr Superior Court, before Webb, J., and a jury. • The plaintiff sued to recover damages received from falling in a ditch at night, which ditch had been dug during the day of 4 May, 1905, across'defendant’s street. The usual issues as to negligence, contributory negligence and damage were submitted. The jury foúnd for the plaintiff on all issues.
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Civil aotioN, tried at October, 1906, Special Term of LeNOIr Superior Court, before Webb, J., and a jury. • The plaintiff sued to recover damages received from falling in a ditch at night, which ditch had been dug during the day of 4 May, 1905, across'defendant’s street. The usual issues as to negligence, contributory negligence and damage were submitted. The jury foúnd for the plaintiff on all issues. The Court refused the motion for a new trial and rendered judgment for plaintiff, and defendant appealed.
1Opinion of the CourtBnowN, J.
We have considered tbe fifteen exceptions presented in tbe record in tbis case, and are of opinion that all of them are without merit. At tbe close of tbe evidence tbe defendant moved to nonsuit and excepted to tbe ruling of tbe Court denying tbe motion. Plaintiff’s evidence -tends to prove that, about 8 o’clock .at night, on 4 May, 1905, tbe plaintiff was returning from her work, on her way home, and was walking-on tbe sidewalk on King Street, in tbe city of Kins-ton, when she suddenly fell headforemost into an open ditch four and one-balf feet deep and two and one-balf feet wide, extending…
2Cases cited12 opinions
- District of Columbia v. WoodburySupreme Court of the United States · 1890
- Bunch v. Town of EdentonSupreme Court of North Carolina · 1884
- Fitzgerald v. Concord.Supreme Court of North Carolina · 1905
- Russell v. Town of MonroeSupreme Court of North Carolina · 1895
- Mayor of Baltimore v. O'DonnellCourt of Appeals of Maryland · 1880
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3Cited by20 opinions
- Smith v. City of HickorySupreme Court of North Carolina · 1960
- Bailey v. City of WinstonSupreme Court of North Carolina · 1911
- Bailey v. . WinstonSupreme Court of North Carolina · 1911
- Markham v. Duke Land & Improvement Co.Supreme Court of North Carolina · 1931
- Michaux v. . Rocky MountSupreme Court of North Carolina · 1927
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