Cullifer v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal by plaintiff from Ferguson, J., at November Term, 1914, .of Edgecombe. Civil action, tried upon these issues: 1. Was the plaintiff injured by the negligence of the defendant, as alleged in the complaint ? Answer: “No.” 2. Was the plaintiff guilty of contributory negligence, which brought about her own injury ? Answer:_ 3. Notwithstanding any negligence on the part of said plaintiff, could the defendant by the exercise of due care and prudence have prevented the injury…
Read the full summary
Appeal by plaintiff from Ferguson, J., at November Term, 1914, .of Edgecombe. Civil action, tried upon these issues: 1. Was the plaintiff injured by the negligence of the defendant, as alleged in the complaint ? Answer: “No.” 2. Was the plaintiff guilty of contributory negligence, which brought about her own injury ? Answer:_ 3. Notwithstanding any negligence on the part of said plaintiff, could the defendant by the exercise of due care and prudence have prevented the injury after the perilous condition of the plaintiff was discovered? Answer: “No.” 4. What damages, if any, is plaintiff…
1Opinion of the CourtBeowN, J.
Exception No. 3 of the plaintiff is based upon the following facts: After the case was given to the jury by the judge, it was agreed by counsel, with the approval of the court, that the clerk should take the verdict. The clerk went to the courtroom to receive the verdict and, without asking them whether or not they had agreed upon their verdict, he asked them to hand him the issues, and the issues were handed to him, answered as follows by the jury: The first issue, “Yes”; second issue, “Yes”; third issue, “No”; fourth issue, “$2,500.” That the clerk thereupon handed the issues back to said…
2Cases cited2 opinions
- Bogan v. Carolina Central RailroadSupreme Court of North Carolina · 1901
- Pate v. . HazellSupreme Court of North Carolina · 1890
3Cited by13 opinions
- Ingram v. . Smoky Mountain Stages, Inc.Supreme Court of North Carolina · 1945
- Redmon v. . R. R.Supreme Court of North Carolina · 1928
- Wade Ex Rel. Wade v. Jones Sausage Co.Supreme Court of North Carolina · 1954
- Fry v. Southern Public Utilities Co.Supreme Court of North Carolina · 1922
- Newbern v. . LearySupreme Court of North Carolina · 1939
8 more not listed; retrieve them via the Exa API.