Fry v. Southern Public Utilities Co.
Supreme Court of North Carolina
Appeal by defendant Standard Ice and Fuel Company from Lane, J., at the May Term, 1921, of MeckleNburg. This action was brought to recover damages for the death of plaintiff’s intestate, alleged to have been caused by the defendant Standard Ice and Fuel Company’s negligence.
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Appeal by defendant Standard Ice and Fuel Company from Lane, J., at the May Term, 1921, of MeckleNburg. This action was brought to recover damages for the death of plaintiff’s intestate, alleged to have been caused by the defendant Standard Ice and Fuel Company’s negligence. On 28 June, 1919, plaintiff’s son and intestate,. Perry Fry, was instantly killed in a collision between an ice wagon of the Standard Ice and Fuel Company and a street car of the Charlotte Street Railway Company, at a point on Tryon Street about fifty feet south of the intersection made by Tryon and Ninth streets in the…
1Opinion of the Court
Walker, J.,
after stating the case: If the first assignment of error is sufficiently stated under our rules, we are of the opinion that it is without any substantial merit. It -was competent' to prove the custom *288of small boys to jump upon the rear step of the wagon to ride and get bits of ice for several reasons, and, among them, to answer the contention of defendant that instructions had been given to the drivers not to permit riding on the wagon by small boys. If such order was given, the plaintiff surely was entitled to show that it had been constantly violated for a long time, with the…
2Cases cited29 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
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- American Car & Foundry Co. v. ArmentrautIllinois Supreme Court · 1905
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- Reserve Trucking Co. v. FairchildOhio Supreme Court · 1934
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