Legal Opinion

McNeill v. Durham & Charlotte Railroad

Supreme Court of North Carolina

Decided May 6, 1902PublishedCited by 11 opinions

ActioN by W. H. McNeill against tibe Durham and Charlotte Railroad Company, beard by Judge Thos. A. McNeill and a jury, at January Term, 1902, of the Superior Court of Moore County. Erom a judgment for the plaintiff, the defendant appealed.

1Opinion of the CourtMontgomery, J.

There were two issues submittted to* the jury in this case: “1. Was the plaintiff injured, by the negligence of the defendant, as described, in the complaint? 2. What damage, if any, is the plaintiff entitled to recover?”

The plaintiff, in tire complaint, alleged that his injuries were caused by the derailment of the coach in which he was seated; and the causes of the derailment were specifically set out in the following language: “That the derailment of said car and the injury of the plaintiff were caused by the careless, negligent and rapid running of said train, the defendant’s negligent…

2Cited by11 opinions

  1. May Department Stores Co. v. BellCourt of Appeals for the Eighth Circuit · 1932
  2. Sociedad de Gananciales v. Presbyterian HospitalSupreme Court of Puerto Rico · 1963
  3. Washington-Virginia Railway Co. v. BouknightSupreme Court of Virginia · 1912
  4. Román Rodríguez v. La Mueblería Central ComercialSupreme Court of Puerto Rico · 1951
  5. McCord v. . Harrison-Wright Co.Supreme Court of North Carolina · 1930

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