Foard Ex Rel. Foard v. Tidewater Power Co.
Supreme Court of North Carolina
Appeal by defendant from Allen, J., at the December Term, 1914, of New HaNover. Civil action tried upon these issues: 1. Was the plaintiff injured by the negligence of defendant, as alleged in the complaint? Answer: “Yes.” 2. Did plaintiff, by his own negligence, contribute to his injuries, as alleged? Answer: “No.” 3. What damage, if any, is plaintiff entitled to recover of defendant? Answer: “Fifteen hundred dollars ($1,500).” From the judgment rendered, defendant appealed.
1Opinion of the CourtBrowN, J.
The defendant made the usual motion to nonsuit, which was overruled. This is assigned as error.
The plaintiff was struck and injured by defendant’s motor car while walking along the right of way on the north side of the track and just outside the edge of the erossties near Light House Station, at Wrights-ville. He was not a passenger and had no immediate intention of becoming one, but was going to the water to secure a boat for fishing. The defendant had been repairing its roadbed, and crossties were piled on the right of way and along the track. The plaintiff, when struck, was between these…
2Cases cited11 opinions
- Cosgrove v. . OgdenNew York Court of Appeals · 1872
- Briscoe v. Henderson Lighting & Power Co.Supreme Court of North Carolina · 1908
- Meredith v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
- Studer v. Southern Pacific Co.California Supreme Court · 1898
- Dull v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Indiana Court of Appeals · 1899
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Tart Ex Rel. Tart v. Southern Railway Co.Supreme Court of North Carolina · 1932
- Fry v. Southern Public Utilities Co.Supreme Court of North Carolina · 1922
- Nowell v. BasnightSupreme Court of North Carolina · 1923
- Scott v. Western Union Telegraph Co.Supreme Court of North Carolina · 1930
- Mullinax v. . HordSupreme Court of North Carolina · 1917
9 more not listed; retrieve them via the Exa API.