Everett v. Receivers of Richmond & Danville Railroad
Supreme Court of North Carolina
Action for damages for the killing of the horses of plaintiff through the negligence and wanton conduct of defendants as Receivers of the Richmond and Danville Railroad Company, tried before Bryan, J., and a jury, at Fall Term, 1896, of Swain Superior Court. There was a verdict for the plaintiff and defendants appealed. The facts appear in the opinion of the Court.
1Opinion of the Court
Douglas, J.:
This is an action for damages for alleged injuiy sustained by killing horses of plaintiff alleged to have been frightened by unusual and unnecessary noise made by. the engineer’s sounding the whistle. The horses became unmanageable, plunged into the river and were drowned. The carriage was damaged and the harness ruined. The usual issues were submitted, and found for the plaintiff The only exceptions appear to the charge as given and the failure to charge as requested by defendant, as follows:
“At the close of the evidence the defendant requested the •Court in writing to give the…
2Cases cited6 opinions
- Tillett v. Lynchburg & Durham RailroadSupreme Court of North Carolina · 1894
- Welch v. DurandSupreme Court of Connecticut · 1869
- Doster v. Charlotte Street Railway Co.Supreme Court of North Carolina · 1895
- State v. BrigmanSupreme Court of North Carolina · 1886
- Hardison v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Grad v. KaasaSupreme Court of North Carolina · 1984
- Foster v. . HymanSupreme Court of North Carolina · 1929
- Brewer v. HarrisSupreme Court of North Carolina · 1971
- Givens v. SellarsSupreme Court of North Carolina · 1968
- Wagoner v. North Carolina RailroadSupreme Court of North Carolina · 1953
38 more not listed; retrieve them via the Exa API.