Farmer v. Wilmington & Weldon Railroad
Supreme Court of North Carolina
Civil ActioN tried at Pall Term, 1882, of WilsON Superior Court, before MaaJRae, J. Plaintiff claims damages occasioned by the running over and killing his mule by defendant’s train. The following issues were submitted to the jury: 1. Did defendant negligently kill the plaintiff’s mule? 2. What was the value of the mule? The jury responded in the negative to the first issue. Judgment against the plaintiff' for costs.
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Civil ActioN tried at Pall Term, 1882, of WilsON Superior Court, before MaaJRae, J. Plaintiff claims damages occasioned by the running over and killing his mule by defendant’s train. The following issues were submitted to the jury: 1. Did defendant negligently kill the plaintiff’s mule? 2. What was the value of the mule? The jury responded in the negative to the first issue. Judgment against the plaintiff' for costs. On the trial, the plaintiff testified in his own behalf that he was the owner of a mule which was knocked off the track and killed by defendant’s train on the 16th of June, 1880;…
1Opinion of the CourtAshe, J.
We are of the opinion there is error in the instruction given to the jury, and in the refusal to give that requested.
By the common law, every person is obliged to confine his animals to his own premises, but in this state the common law has never obtained in this respect. In the early settlement of the country, when the population was sparse and there were vast tracts of unenclosed lands, cattle were permitted to run upon what was called the “range”; and although strictly unlawful when they grazed upon the unenclosed lands of any one besides their owner, it was a trespass, winked at by the…
2Cases cited4 opinions
- Gunter v. . WickerSupreme Court of North Carolina · 1881
- Doggett v. Richmond & Danville RailroadSupreme Court of North Carolina · 1878
- New Orleans, Jackson & Great Northern Railroad v. FieldMississippi Supreme Court · 1872
- Burgwyn v. . WhitfieldSupreme Court of North Carolina · 1879
3Cited by14 opinions
- Deans v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Smith v. Norfolk & Southern RailroadSupreme Court of North Carolina · 1894
- Deans v. . R. R.Supreme Court of North Carolina · 1890
- Smith v. . R. R.Supreme Court of North Carolina · 1894
- Wilson v. Norfolk & Southern RailroadSupreme Court of North Carolina · 1884
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