Kahn v. Atlantic & North Carolina Railroad
Supreme Court of North Carolina
Civil action, begun before a Justice of the Peace and tried on appeal at Fall Term, 1898, of Craven Superior Court .before Bynum, J., and a jury. The plaintiff sought to recover $150 as damages for the loss of property by fire at the company’s depot at Newbern. The defendant denied the allegations of the complaint.
Read the full summary
Civil action, begun before a Justice of the Peace and tried on appeal at Fall Term, 1898, of Craven Superior Court .before Bynum, J., and a jury. The plaintiff sought to recover $150 as damages for the loss of property by fire at the company’s depot at Newbern. The defendant denied the allegations of the complaint. Upon the trial the plaintiff testified that he came to New-bern on the night of the 15th of April, 1889, on the Atlantic and North Carolina Railroad, having a trunk containing clothing, etc., valued at $150; he had a check for the trunk and demanded delivery of the trnnk on the…
1Opinion of the Court
Shepherd, C. J.:
There was error on the part of the Court in leaving the question of ordinary care to be determined by the jury, upon no other instruction than that “ ordinary care was such care as an ordinarily prudent man would have used in the protection of his own property.” This is obnoxious to the ruling in Emry v. Railroad, 109 N. C., 589; Knight v. Railroad, 110 N. C., 58, and the long line of decisions cited in the opinions in those cases. The well-established practice in this State is, that “ if the facts are undisputed, it is for the Court to decide; if they are controverted, or if…
2Cases cited3 opinions
- Emry v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1891
- Chalk v. Charlotte, Columbia & Augusta RailroadSupreme Court of North Carolina · 1881
- Knight v. Albemarle & Raleigh RailroadSupreme Court of North Carolina · 1892
3Cited by6 opinions
- Chesson v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1896
- Young v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1895
- Denver & Rio Grande Railroad v. DoyleSupreme Court of Colorado · 1914
- Kindley v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1909
- Young v. . R. R.Supreme Court of North Carolina · 1895
1 more not listed; retrieve them via the Exa API.