Legal Opinion

Willis v. Atlantic & Danville Railroad

Supreme Court of North Carolina

Decided February 5, 1897PublishedCited by 18 opinions

Civil aotioN, for damages, tried before Melver, J., and a jury, at Fall, term, 1896, of G-eaNville Superior Court. There was a judgment for the plaintiff and defendant appealed, assigning the errors referred to in the opinion of the court.

1Opinion of the Court

Faikolouh, C. J.:

The issues submitted by the court,without exception by either party, were: (1) Was the plaintiff injured by the negligence of the defendant, as alleged in the complaint? (2) Was the plaintiff guilty of contributory negligence? (3) After the plaintiff’s negligence, could the defendant, by the exercise of reasonable care, have avoided injury to the plaintiff? The jury answered each issue, ifYes.”

Defendant’s road runs from Norfolk to Danville, Ya., and a section of it lies between Danville and Blanch Station of several miles in length, including Moore’s Creek trestle. 0. E.…

2Cases cited4 opinions

  1. Eaton v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1874
  2. Biggs v. Insurance Co. (North Carolina Home)Supreme Court of North Carolina · 1883
  3. Southerland v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
  4. Ferguson v. Davis & Rankin Manufacturing Co.Supreme Court of North Carolina · 1896

3Cited by18 opinions

  1. Daniel v. RailroadSupreme Court of North Carolina · 1904
  2. Cole v. . R. R.Supreme Court of North Carolina · 1937
  3. Jackson v. Telegraph Co.Supreme Court of North Carolina · 1905
  4. Parrish v. Boysell Manufacturing Co.Supreme Court of North Carolina · 1936
  5. Jackson v. . Telegraph Co.Supreme Court of North Carolina · 1905

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