Davis v. Railroad Co.
Supreme Court of North Carolina
ActioN by H. C. Davis against tbe Seaboard Air Line Railroad, Company, heard by Judge M. II. Justice and a jury, at September Term, 1903, of the Superior Court of Bertie County. This is an action for damages for killing a cow. As the action was brought within six months after the cow was killed, a prima facie case of negligence arose under section 2326 of The Code.
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ActioN by H. C. Davis against tbe Seaboard Air Line Railroad, Company, heard by Judge M. II. Justice and a jury, at September Term, 1903, of the Superior Court of Bertie County. This is an action for damages for killing a cow. As the action was brought within six months after the cow was killed, a prima facie case of negligence arose under section 2326 of The Code. Btotk sides introduced testimony, and the issues and answers thereto were as follows: 1. Was the plaintiff the owner of the cow in question ? “Tes.” 2. Did the defendant company negligently and wrongfully kill said ■cow ? “Yes.” 3.…
1Opinion of the Court
*303Douglas, J.,
after stating tbe case. We see no error in the action of his Honor. The questions raised by the defendant have been so recently decided -and fully discussed that but little more can be said. The defendant insists that the Court should have found, as matter of law, that the plaintiff was not the owner of the cow. It is dear that the plaintiff, having bought the cow with his own money, became the owner thereof, and remained such owner unless there was a completed gift to his wife, which was a mixed question of law and fact for the determination of the jury. This question is directly…
2Cases cited2 opinions
- Gross v. Smith.Supreme Court of North Carolina · 1903
- Baker v. Roanoke & Tar River RailroadSupreme Court of North Carolina · 1903