Wallace v. Western North Carolina Railroad
Supreme Court of North Carolina
This was a civil aotioN by plaintiff to recover damages for personal injuries, suffered by defendant’s alleged negligence, tried, before his Honor Clark, J., at October Term of McDowell Superior Court for the year 1888. By consent, the following issues were submitted to the juTy: 1. Was tlie plaintiff injured by the negligence of the defendant, as alleged in the complaint ? 2. Did the plaintiff contribute to his injury by his negligence ? 3. What damage, if any has the…
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This was a civil aotioN by plaintiff to recover damages for personal injuries, suffered by defendant’s alleged negligence, tried, before his Honor Clark, J., at October Term of McDowell Superior Court for the year 1888. By consent, the following issues were submitted to the juTy: 1. Was tlie plaintiff injured by the negligence of the defendant, as alleged in the complaint ? 2. Did the plaintiff contribute to his injury by his negligence ? 3. What damage, if any has the plaintiff sustained ? The jury responded to the first issue, “Yesio the second, “Noand to the third issue, “Three thousand…
1Opinion of the CourtMerrimon, J.
It is alleged in the complaint, among other things, that the defendant was negligent, in that “the locomotive of the said defendant upon its said railroad was overloaded, causing it to stall,” &c.
Such negligence made one of the leading elements and constitutes part of the plaintiff’s alleged'cause of action, and it was material to prove on the trial that the locomotive driving the train on which the plaintiff was riding when he sustained the injury complained of was overloaded. The evidence to prove this fact was not very clear, strong and satisfactory, and evidence that the train tuas a long…
2Cases cited1 opinion
- Wallace v. Western North Carolina RailroadSupreme Court of North Carolina · 1887
3Cited by4 opinions
- Wallace v. Western N. C. RailroadSupreme Court of North Carolina · 1889
- Williams v. . Stores Co., Inc.Supreme Court of North Carolina · 1936
- Marable v. RailroadSupreme Court of North Carolina · 1906
- Graves v. Railroad Co.Supreme Court of North Carolina · 1904