Smith v. Richmond & Danville Railroad
Supreme Court of North Carolina
Negligence — Evidence—Burden of Proof. Civil actioN to recover damages for personal injuries, tried before Merrimon, J, at January Term, 1888, of Durham Superior Court. The plaintiff alleges that in June, 1887, he entered the regular passenger car attached to the freight train of the defendant at Durham for the purpose of going to Hickory, and by the negligence of the defendant company he was seriously injured while in the coach at Durham.
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Negligence — Evidence—Burden of Proof. Civil actioN to recover damages for personal injuries, tried before Merrimon, J, at January Term, 1888, of Durham Superior Court. The plaintiff alleges that in June, 1887, he entered the regular passenger car attached to the freight train of the defendant at Durham for the purpose of going to Hickory, and by the negligence of the defendant company he was seriously injured while in the coach at Durham. The defendant company denies the negligence and alleges that the injury received by the plaintiff, if any, was caused by his own negligence. The following…
1Opinion of the Court
Davis, J.,
(after stating the case). The facts being admitted or proved, the question of negligence and of contributorjr negligence are questions of law. Does the evidence of the plaintiff (and it is to be taken most strongly in his favor) constitute contributory negligence, and was that negligence the proximate cause of the injury ? If so, the ruling of the Court below was correct; if not, there was error.
The plaintiff gives a clear and intelligent statement of the facts, leaving no doubt as to how the unfortunate injury occurred. The Reports, English and American, abound in cases involving…
2Cases cited3 opinions
- Turrentine v. . Richmond Davidson RailroadSupreme Court of North Carolina · 1885
- Owens v. Richmond & Danville RailroadSupreme Court of North Carolina · 1883
- Wallace v. Western North Carolina RailroadSupreme Court of North Carolina · 1887
3Cited by13 opinions
- Deans v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Deans v. . R. R.Supreme Court of North Carolina · 1890
- Marable v. RailroadSupreme Court of North Carolina · 1906
- Emry v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1891
- Peterson v. RailroadSupreme Court of North Carolina · 1906
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