Brown v. Durham.
Supreme Court of North Carolina
ActxoN by R. J. Brown against tbe City of Durham, heard by Judge T. J. Shaw and a jury, at the October Term, 1905, of the Superior Court of Durham. This was an action to recover damages for personal injuries caused by the alleged, negligence of defendant corporation. Tbe usual issues in actions of this character were submitted: 1. As to defendant’s negligence. 2. Contributory negligence on the part of the plaintiff. 3. Damages.
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ActxoN by R. J. Brown against tbe City of Durham, heard by Judge T. J. Shaw and a jury, at the October Term, 1905, of the Superior Court of Durham. This was an action to recover damages for personal injuries caused by the alleged, negligence of defendant corporation. Tbe usual issues in actions of this character were submitted: 1. As to defendant’s negligence. 2. Contributory negligence on the part of the plaintiff. 3. Damages. There was evidence tending to show that on Saturday night, July 30, 1904, the plaintiff was seriously injured by falling into a hole adjacent to the south sidewalk of…
1Opinion of the Court
Hoice, J.,
after stating the case: The right of the plaintiff to recover on the facts set ont in the case on appeal is fully sustained by the principles announced in Bunch v. Edenton, 90 N. C., 431, and Fitzgerald v. Concord, 140 N. C., 110, and there is no error in the record — certainly none which gives the defendant any just ground of complaint.
Among other things, the judge below charged the jury that it whould be a breach of duty on the part of the city for it to permit a hole or washout one or more feet wide and eight inches or more deep, and extending two feet or more across the…
2Cases cited4 opinions
- Russell v. Carolina Central R. R.Supreme Court of North Carolina · 1896
- Ramsbottom v. RailroadSupreme Court of North Carolina · 1905
- Bunch v. Town of EdentonSupreme Court of North Carolina · 1884
- Fitzgerald v. Concord.Supreme Court of North Carolina · 1905
3Cited by10 opinions
- Bolkhir v. North Carolina State UniversitySupreme Court of North Carolina · 1988
- Willis v. . New BernSupreme Court of North Carolina · 1926
- Smith v. City of HickorySupreme Court of North Carolina · 1960
- Mulford v. Cotton States Hotel Co.Supreme Court of North Carolina · 1938
- Markham v. Duke Land & Improvement Co.Supreme Court of North Carolina · 1931
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