Wallace v. Western N. C. Railroad
Supreme Court of North Carolina
Evidence— Common Carriers — Burden of Proof — Contributory Negligence — Damages. This was a civil action, tried at the Fall Term, 1889, of McDowell Superior Court, before Philips, J., for damages for personal injuries by defendant.
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Evidence— Common Carriers — Burden of Proof — Contributory Negligence — Damages. This was a civil action, tried at the Fall Term, 1889, of McDowell Superior Court, before Philips, J., for damages for personal injuries by defendant. The facts are reported in same case in 98 N. 0., 494, and 101 N. C., 454. The issues submitted were: 1. Was plaintiff injured by the negligence of defendant as alleged in the complaint? Answer: Yes. 2. Did the plaintiff contribute to his injury by his own negligence? Answer: No, 3. What damage, if any, has plaintiff sustained ? Answer $3,000. Among many other…
1Opinion of the Court
Clark, J.:
When this case was here the first time (98 N. C., 494), the evidence being substantially the same as now sent up, the Court held that the-Judge below erred in instructing the jury that there was no evidence of contributory negligence, and that such issue should have been submitted to the jury. When the caseras again before this Court (101 N. C., 454), while it went.off upon another point, the same exceptions to the charge upon the first two issues were made substantially as now, and this Court said: “In respect to other assignments of error, we are of opinion that there was evidence…
2Cases cited4 opinions
- Jeremiah M. Kesler v. . William A. SmithSupreme Court of North Carolina · 1872
- Burton v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1881
- Wallace v. Western North Carolina RailroadSupreme Court of North Carolina · 1887
- Wallace v. Western North Carolina RailroadSupreme Court of North Carolina · 1888
3Cited by49 opinions
- Duggan v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Sampson v. ChannellCourt of Appeals for the First Circuit · 1940
- Osborn v. Leach.Supreme Court of North Carolina · 1904
- Britt v. Carolina Northern RailroadSupreme Court of North Carolina · 1908
- Helmstetler v. Duke Power Co.Supreme Court of North Carolina · 1945
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