Whitehurst v. Norfolk Southern Railroad
Supreme Court of North Carolina
Appeal from Justice, J., at January Term, 1911, of Pasquo-TANK. These issues were submitted: First. "Was plaintiff’s boat and cargo damaged by the negligence of defendant railway company, as alleged? Answer: “Yes.” Second. What damage, if any, has plaintiff sustained? Answer: “Boat and cargo, $1,500.” In apt time defendants moved to nonsuit, which motion was denied and defendants excepted. From the judgment rendered the defendants appealed.
1Opinion of the CourtBeowN, J.
On 22 December, 1909, the defendant company by its contractors, the construction company, was constructing a railway bridge about 6 miles long from Mackey’s Ferry, across Albemarle Sound to its northern shore near Edenton. The bridge was not entirely completed nor in use by the railroad company. In the northern part of this bridge is located a large drawbridge, over deep water intended for passage of vessels. This was about completed, but could not be opened on day named because the cement had not had time to # set.
There is also another pivot drawbridge in southern portion of the bridge about…
2Cases cited1 opinion
- Pedrick v. . R. R.Supreme Court of North Carolina · 1906
3Cited by4 opinions
- State v. WigginsSupreme Court of North Carolina · 1993
- Pedrick v. . R. R.Supreme Court of North Carolina · 1906
- Gulf Atlantic Transp. Co. v. Becker County Sand & Gravel Co.District Court, E.D. North Carolina · 1954
- Townsend v. McLean Construction Co.Supreme Court of North Carolina · 1912