Legal Opinion

Dowell v. City of Raleigh

Supreme Court of North Carolina

Decided March 21, 1917PublishedCited by 13 opinions

Civil actioN, tried before Connor, J., and a jury, at June Term, 1916, of Waue, and brought for the recovery of damages for the wrongful death of the plaintiff’s intestate, alleged to have been caused by the defendant’s negligence in failing to keep one of its streets in a reasonably safe condition.

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Civil actioN, tried before Connor, J., and a jury, at June Term, 1916, of Waue, and brought for the recovery of damages for the wrongful death of the plaintiff’s intestate, alleged to have been caused by the defendant’s negligence in failing to keep one of its streets in a reasonably safe condition. It appears that in the morning of 22 March, 1914, E. L. Johnson, plaintiff’s intestate, was driving along South Street in the city of Ealeigh, in a milk wagon drawn by a horse; that the king-bolt was broken and the body of the wagon was detached and fell, and Johnson, who was then sitting in the…

1Opinion of the Court

Waleer, J.,

after stating the ease: There are two questions to be considered in this case:

1. As to the condition of the street at places other than the one where the accident occurred. The court admitted the proof, or. rather it seems to have been let in without any objection. It may be that in its present form it was not competent, as it extends to the entire length of the street and is not restricted .to that j>art of it near the place where the intestate was killed. We find this stated in one of the authorities: “For the purpose of proving or disproving negligence with respect to the…

2Cases cited22 opinions

  1. Dennick v. Railroad Co.Supreme Court of the United States · 1881
  2. Hutchings v. LowSupreme Court of the United States · 1873
  3. Mutual Life Insurance v. WilerIndiana Supreme Court · 1885
  4. Mayhew v. BurnsIndiana Supreme Court · 1885
  5. Bunch v. Town of EdentonSupreme Court of North Carolina · 1884

17 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. McComb v. VaughnSupreme Court of Missouri · 1949
  2. Graham v. . CharlotteSupreme Court of North Carolina · 1923
  3. Hall v. . R. R.Supreme Court of North Carolina · 1907
  4. Russell v. . MonroeSupreme Court of North Carolina · 1895
  5. Kwiatkowski v. John Lowry, Inc.New York Court of Appeals · 1937

8 more not listed; retrieve them via the Exa API.

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