Hamilton v. Hines Bros. Lumber
Supreme Court of North Carolina
Appeal by plaintiff from Peebles, J., at March Term, 1911, of LENOIR. This is the second appeal by the plaintiff in this cause, the first being from a judgment of nonsuit at the close of the plaintiff’s evidence, and is reported in 156 N. C., 519. This appeal is from the jury’s verdict, the usual issues of negligence, contributory negligence, and amount of damage being submitted to the jury without objection.
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Appeal by plaintiff from Peebles, J., at March Term, 1911, of LENOIR. This is the second appeal by the plaintiff in this cause, the first being from a judgment of nonsuit at the close of the plaintiff’s evidence, and is reported in 156 N. C., 519. This appeal is from the jury’s verdict, the usual issues of negligence, contributory negligence, and amount of damage being submitted to the jury without objection. The'defendant lumber company maintains certain logging or tramroads, operated exclusively for the purpose of bringing its logs from its logging woods' out to its main line. The tramroad…
1Opinion of the CourtAlleN, J.
Admitting, for the purposes of this appeal, that the defendant was negligent, the controversy on the first issue was reduced to the question of proximate cause, and on the second to the inquiry whether the plaintiff was negligent, and, if so, was this the real cause of death.
If it was dangerous and negligent to require the plaintiff’s intestate to pass over a skeleton car while in motion, or to use the link and pin coupler, or to lean over between the cars to uncouple, those facts, while evidence of negligence, were of the past, and could not have been the proximate cause of death, provided…
2Cases cited8 opinions
- Harvell v. Weldon Lumber Co.Supreme Court of North Carolina · 1911
- Whitley v. Southern Railway Co.Supreme Court of North Carolina · 1898
- Stern v. BenbowSupreme Court of North Carolina · 1909
- Graves v. Railroad Co.Supreme Court of North Carolina · 1904
- Pinnix v. City of DurhamSupreme Court of North Carolina · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Shelton v. Southern Railway Co.Supreme Court of North Carolina · 1927
- State v. AldridgeSupreme Court of North Carolina · 1961
- Town of Belhaven v. HodgesSupreme Court of North Carolina · 1946
- Poplin v. . AdickesSupreme Court of North Carolina · 1932
- Price v. . PyattSupreme Court of North Carolina · 1933
1 more not listed; retrieve them via the Exa API.