Woodie v. Town of North Wilkesboro
Supreme Court of North Carolina
Appeal from Foushee, J., at Fall Term, 1911, of Wilkes. Civil action. Tbe following issues were submitted to tbe jury: 1. Was tbe plaintiff injured by tbe negligence of tbe defendant, as alleged in tbe complaint? Answer: Yes. 2. Did tbe plaintiff by bis own negligence contribute to bis injury, as alleged in tbe answer?' Answer: No. 3. Wliat damage, if any, is tbe plaintiff entitled to recover? Answer: $800. From tbe verdict and judgment rendered, tbe defendant appealed.
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Appeal from Foushee, J., at Fall Term, 1911, of Wilkes. Civil action. Tbe following issues were submitted to tbe jury: 1. Was tbe plaintiff injured by tbe negligence of tbe defendant, as alleged in tbe complaint? Answer: Yes. 2. Did tbe plaintiff by bis own negligence contribute to bis injury, as alleged in tbe answer?' Answer: No. 3. Wliat damage, if any, is tbe plaintiff entitled to recover? Answer: $800. From tbe verdict and judgment rendered, tbe defendant appealed. Tbe facts are sufficiently stated in tbe opinion of tbe Court by Mr. Justice Brown.
1Opinion of the CourtBrown, J.
This action is brought by tbe plaintiff against tbe defendant to recover damages for the alleged negligence of tbe defendant in tbe operation of its waterworks. Tbe plaintiff alleges that tbe defendant, a municipal corporation, was duly authorized to construct and maintain a system of waterworks, and lease, sell, and dispose of water and water privileges to tbe citizens of tbe town for compensation.
It appears in tbe evidence that tbe standpipe of tbe said waterworks is situated some distance from tbe pumping station, and tbe alleged-negligence consists in not having a proper water gauge at…
2Cases cited4 opinions
- State v. . HollySupreme Court of North Carolina · 1911
- Clark v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1891
- Hinshaw v. Raleigh & Augusta Air Line R. R.Supreme Court of North Carolina · 1896
- Terrell v. City of WashingtonSupreme Court of North Carolina · 1912
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- Rhodes v. City of AshevilleSupreme Court of North Carolina · 1949
- Sides v. Cabarrus Memorial Hospital, Inc.Supreme Court of North Carolina · 1975
- McKinney v. City of High PointSupreme Court of North Carolina · 1953
- Henderson v. . WilmingtonSupreme Court of North Carolina · 1926
- Wigal v. City of ParkersburgWest Virginia Supreme Court · 1914
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