Fuller v. Railroad
Supreme Court of North Carolina
ActioN by R. E. Euller against Atlantic Coast Line Railroad Co., beard by Judge Jas. L. Webb and a jury, at tbe October Term, 1905, of the Superior Court of FbanKLin. The evidence tended to show that on Monday, November 14, 1904, there was delivered to the Atlantic & North Carolina Railroad Company at New Bern, a brown mare for shipment to the plaintiff at Springhope.
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ActioN by R. E. Euller against Atlantic Coast Line Railroad Co., beard by Judge Jas. L. Webb and a jury, at tbe October Term, 1905, of the Superior Court of FbanKLin. The evidence tended to show that on Monday, November 14, 1904, there was delivered to the Atlantic & North Carolina Railroad Company at New Bern, a brown mare for shipment to the plaintiff at Springhope. In the course of the transit she was received by the defendant company at Golds-boro, the junction of the two roads, on the morning of November 15, at 9:30 o’clock, and at 12 o’clock of the same day she was watered, fed and…
1Opinion of the Court
Walker, J.,
after stating the case: The instruction given to the jury at the request of the plaintiff was erroneous, as by it the court undertook to decide as matter of law what really was a composite question of law and fact. Whether the animal should have been kept in the car or put in the stable, if the defendant had one at South Rocky Mount, and what food and attention she should have received under the circumstances, were evidently questions of fact for the jury, to be considered by them in passing upon the question of negligence, they being guided in arriving at their conclusion, as to…
2Cases cited6 opinions
- Railroad Co. v. JonesSupreme Court of the United States · 1877
- Drum v. MillerSupreme Court of North Carolina · 1904
- Raiford v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1902
- Basnight v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1892
- Carter v. Cape Fear Lumber Co.Supreme Court of North Carolina · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Drum v. . MillerSupreme Court of North Carolina · 1904