Rice v. Norfolk Southern Railroad
Supreme Court of North Carolina
Civil action, tried before Stacy, at June Term, 1917, of Cak-teret, upon these issues: 1. Was the plaintiff injured by the negligence of the defendant, as alleged in the complaint? Answer: Yes. 2. What damages, if any, 'is the plaintiff entitled to recover ? Answer: $950. 3. Is the plaintiff’s cause of action, or any part thereof, barred by the statute of limitations? Answer: No. 4. Is the plaintiff estopped to maintain this action by the judgment rendered at the June Term,…
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Civil action, tried before Stacy, at June Term, 1917, of Cak-teret, upon these issues: 1. Was the plaintiff injured by the negligence of the defendant, as alleged in the complaint? Answer: Yes. 2. What damages, if any, 'is the plaintiff entitled to recover ? Answer: $950. 3. Is the plaintiff’s cause of action, or any part thereof, barred by the statute of limitations? Answer: No. 4. Is the plaintiff estopped to maintain this action by the judgment rendered at the June Term, 1914, of this court, in the case of W. J. Rice v. Norfolk Southern Railway Company? Answer: No. From the judgment…
1Opinion of the CourtBrown, J.
The plaintiff alleges that he is a minor, 18 years of age, and resided with his father, who is now dead, upon a certain lot belonging to his father, situated in the town of Beaufort. Plaintiff avers that defendant constructed its roadbed, in such a negligent manner in 1906 that water was ponded on said lot; that to relieve this condition defendant caused a drain pipe to be laid to carry the water off, in 1910, which it allowed to become stopped up, so that water again ponded upon the lot; that in consequence thereof plaintiff in August, 1911, was made ill for five weeks with malaria, as the…
2Cases cited2 opinions
- State v. . VinsonSupreme Court of North Carolina · 1869
- Brown v. . KinseySupreme Court of North Carolina · 1879
3Cited by9 opinions
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- Elliott v. Tallassee Power Co.Supreme Court of North Carolina · 1925
- Carter v. Carolina Realty Co.Supreme Court of North Carolina · 1943
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