Jones v. City of Greensboro
Supreme Court of North Carolina
Civil ActioN for damages for personal injuries, occasioned by reason of a dead limb falling on plaintiff from a shade tree on sidewalk of a street in Greensboro, tried before Robinson, J., at February Term, 1898, of Guileoed Superior Court. There was evidence of the injury and of the cause. The defense was, that the defendant had no notice of the defective condition of the tree.
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Civil ActioN for damages for personal injuries, occasioned by reason of a dead limb falling on plaintiff from a shade tree on sidewalk of a street in Greensboro, tried before Robinson, J., at February Term, 1898, of Guileoed Superior Court. There was evidence of the injury and of the cause. The defense was, that the defendant had no notice of the defective condition of the tree. Two issues were submitted to the jury: 1. Was the plaintiff injured by the negligence of the defendant ? 2. In wbat amount, if any,'is plaintiff damaged? Tbe defendant asked tbe following special instruction: Tbat if…
1Opinion of the CourtEaibcloth, C. J.
Tbe defendant is a duly organized municipal corporation, and derives its powers and duties from its charter and tbe general statutes, Tbe Code, chapter 62. By The0Code, section 3803, it is required to keep tbe streets and tbe bridges in tbe town in proper repair, in tbe manner and to tbe extent it may deem best, and by Tbe Code, section 3802, as well as by tbe common law, it may abate or prevent nuisances of any kind, and by section 60 of its charter, tbe Board of Aldermen shall macadamize and pave tbe streets and sidewalks. . . .protect tbe shade-trees of tbe city; and an ordinance provides…
2Cases cited5 opinions
- Bunch v. Town of EdentonSupreme Court of North Carolina · 1884
- Russell v. Town of MonroeSupreme Court of North Carolina · 1895
- Stanton v. City of SalemMassachusetts Supreme Judicial Court · 1888
- Conner v. Iowa CitySupreme Court of Iowa · 1885
- Gubasko v. City of New YorkNew York Court of Common Pleas · 1888
3Cited by14 opinions
- Fitzgerald v. Concord.Supreme Court of North Carolina · 1905
- Ferguson Ex Rel. Ferguson v. City of AshevilleSupreme Court of North Carolina · 1938
- Smith v. City of HickorySupreme Court of North Carolina · 1960
- Mosseller v. City of AshevilleSupreme Court of North Carolina · 1966
- Bailey v. City of WinstonSupreme Court of North Carolina · 1911
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