Bennett v. Winston-Salem Southbound Railway Co.
Supreme Court of North Carolina
Appeal by plaintiff from Devin, J., at February Term, 1915, of For-syth. Civil action. This action was brought by tbe plaintiffs against' tbe defendant and tbe city of Winston-Salem to recover damages for injury to tbeir lot in said city, caused by tbe construction of a bridge or a viaduct and tbe approaches thereto, along Bank Street in said city, and between Liberty and Elm streets.
Read the full summary
Appeal by plaintiff from Devin, J., at February Term, 1915, of For-syth. Civil action. This action was brought by tbe plaintiffs against' tbe defendant and tbe city of Winston-Salem to recover damages for injury to tbeir lot in said city, caused by tbe construction of a bridge or a viaduct and tbe approaches thereto, along Bank Street in said city, and between Liberty and Elm streets. It appears in tbe case that tbe defendant railroad company bad laid a part of its track across Bank Street at grade, and, desiring to raise tbe grade of tbe street, and for that purpose to build tbe bridge in…
1Opinion of the Court
Walker, J.,
after stating tbe case: It is apparent from the entire record in this case that tbe railroad company in constructing tbe bridge and its approaches was acting in its own behalf and for its own use and benefit, although it bad obtained tbe permission of tbe city to do tbe work, and tbe same was done with its consent, but tbe work was not done by tbe city in the exercise of its governmental function, through tbe defendant, so as to protect tbe latter from liability except for negligence. *391It -is well settled witb us, and it is very generally beld in other jurisdim tions, that, unless…
2Cases cited26 opinions
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- Brodnax v. GroomSupreme Court of North Carolina · 1870
- Smith Ex Rel. Cushing v. Corporation of WashingtonSupreme Court of the United States · 1858
- Jeffress v. Town of GreenvilleSupreme Court of North Carolina · 1911
- Board of Education v. MakelySupreme Court of North Carolina · 1905
21 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- White v. . R. R.Supreme Court of North Carolina · 1893
- Smaha v. State Highway DepartmentCourt of Appeals of Georgia · 1966
- Jones v. . HendersonSupreme Court of North Carolina · 1908
- Wolfe v. . PearsonSupreme Court of North Carolina · 1894
- Marchi v. BrackmanMontana Supreme Court · 1956
2 more not listed; retrieve them via the Exa API.