Smith v. Norfolk & Southern Railroad
Supreme Court of North Carolina
AotioN for damages for the negligent killing of plaintiff's intestate by the defendant company, tried before Bynum, J., and a jury, at Spring Term, 1893, of Washington Superior (lourt. The issues submitted to the jury and the responses were as follows: “1. Was Joseph Smith killed by the negligence of the defendant? Answer, Yes. “2. Did the said Joseph Smith, by his own negligence, contribute to his own death? Answer, Yes.
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AotioN for damages for the negligent killing of plaintiff's intestate by the defendant company, tried before Bynum, J., and a jury, at Spring Term, 1893, of Washington Superior (lourt. The issues submitted to the jury and the responses were as follows: “1. Was Joseph Smith killed by the negligence of the defendant? Answer, Yes. “2. Did the said Joseph Smith, by his own negligence, contribute to his own death? Answer, Yes. “3. Could the defendant, by the exercise of reasonable care and prudence, have avoided the injury? Answer, Yes. “4. What damage, if any, is the plaintiff administratrix…
1Opinion of the Court
Shepheb.d, C. J.:
1. We are of the opinion that there should be a new trial upon the charge of his Honor on the third issue. This issue was intended to present to the jury the principle of Davies v. Mann, 10 M. & W., 546, and the jury were instructed that the same law and facts which would constitute negligence under the first issue would be applicable to the third issue. The evidence upon the first issue tended to prove negligence on the part of the defendant by reason of its failure to keep a proper lookout in order to discover the deceased in time to avoid the accident, and also because of…
2Cases cited19 opinions
- H. & T. C. R'y Co. v. SympkinsTexas Supreme Court · 1881
- Harlan v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1877
- Isbell v. New York & New Haven RailroadSupreme Court of Connecticut · 1858
- Troy v. Cape Fear & Yadkin Valley RailroadSupreme Court of North Carolina · 1888
- Attorney General ex rel. Cook v. City of DetroitMichigan Supreme Court · 1872
14 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Rollestone v. Cassirer & Co.Court of Appeals of Georgia · 1907
- Southern Railway Company, a Corporation v. Frank J. MaddenCourt of Appeals for the Fourth Circuit · 1956
- Fairport, Painesville & Eastern Railroad v. MeredithSupreme Court of the United States · 1934
- Indianapolis Traction & Terminal Co v. CrolyIndiana Supreme Court · 1911
- Dyerson v. Union Pacific RailroadSupreme Court of Kansas · 1906
39 more not listed; retrieve them via the Exa API.