Baker v. N. & S. Railroad
Supreme Court of North Carolina
Civil actioN, tried before McNeill, J., and a jury, Rail Term, 1906, Superior Court of PasquotaNK County. This action was brought to recover damages for injuries received at a railroad crossing, wbicb plaintiff alleges were ■caused by the negligence of the defendant in the management of one of its trains. The plaintiff and Bud Mann were riding in a buggy with Cecil Williams, who was driving. The horse and buggy belonged to Cecil’s father.
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Civil actioN, tried before McNeill, J., and a jury, Rail Term, 1906, Superior Court of PasquotaNK County. This action was brought to recover damages for injuries received at a railroad crossing, wbicb plaintiff alleges were ■caused by the negligence of the defendant in the management of one of its trains. The plaintiff and Bud Mann were riding in a buggy with Cecil Williams, who was driving. The horse and buggy belonged to Cecil’s father. The three ■occupants of the buggy were all boys about fifteen years old. They drove over the crossing to a cotton mill in Elizabeth City to collect their…
1Opinion of the Court
Walker, J.,
after stating the case: The defendant asked the witness Garrett, “What was said by the plaintiff, in the conversation with him, as to why the horse was driven close to the track ?” If the defendant’s counsel bad not indicated what they expected to elicit from the witness by this question, the ruling of the Court excluding it might perhaps be sustained upon the principle that the competency and materiality of proposed testimony, which is ruled out, must appear before we can see that .any error has been committed by the Court. Knight v. Killebrew, 86 N. C., 400; Sumner v. Candler, 92…
2Cases cited19 opinions
- Simmons v. Davenport.Supreme Court of North Carolina · 1906
- State v. . McNairSupreme Court of North Carolina · 1885
- Boon v. . MurphySupreme Court of North Carolina · 1891
- Patterson v. . MillsSupreme Court of North Carolina · 1897
- Yow v. Hamilton.Supreme Court of North Carolina · 1904
14 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Shepherd v. North Carolina RailroadSupreme Court of North Carolina · 1913
- Smith v. Atlantic & Yadkin Railway Co.Supreme Court of North Carolina · 1931
- Lloyd v. . BowenSupreme Court of North Carolina · 1915
- Meacham v. Southern Railway Co.Supreme Court of North Carolina · 1938
- Parker v. . R. R.Supreme Court of North Carolina · 1921
13 more not listed; retrieve them via the Exa API.