Revis v. City of Raleigh
Supreme Court of North Carolina
ActioN tried before Neal, and a jury, at October Term, 1908, of "Wake. Tbe plaintiff sues to recover damages alleged to have resulted from injuries sustained by tbe negligence of defendant.
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ActioN tried before Neal, and a jury, at October Term, 1908, of "Wake. Tbe plaintiff sues to recover damages alleged to have resulted from injuries sustained by tbe negligence of defendant. He alleges tbat on or about 6 September, 1901, and for a long time theretofore, tbe city of Raleigb negligently permitted a deep and dangerous bole or well to remain in and upon tbe sidewalk on tbe north side of Davie Street, between Fayetteville and Wilmington streets, in said city, over and upon which many persons passed and repassed, and negligently permitted said bole or well to be insecurely covered…
1Opinion of the Court
Connor, J.,
after stating the case: "We concur with his Honor that there was nQ evidence of contributory negligence. The answer alleged that plaintiff contributed to his injury by his negligence and carried the burden of sustaining the allegation. It having failed to show either by introducing testimony or eliciting anything from plaintiff’s evidence to make good its averment, the issue was properly withdrawn. It is elementary that the court should not submit an issue where there is no evidence to sustain a'finding for the parly who carries the burden of proving it. The ruling of his Honor…
2Cases cited2 opinions
- Fitzgerald v. Concord.Supreme Court of North Carolina · 1905
- Jones v. City of GreensboroSupreme Court of North Carolina · 1899
3Cited by21 opinions
- McNeill v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1914
- Ferguson Ex Rel. Ferguson v. City of AshevilleSupreme Court of North Carolina · 1938
- Smith v. City of HickorySupreme Court of North Carolina · 1960
- Mosseller v. City of AshevilleSupreme Court of North Carolina · 1966
- Bailey v. City of WinstonSupreme Court of North Carolina · 1911
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