Edwards v. City of Raleigh
Supreme Court of North Carolina
ActioN tried before Neal, Jand a jury, at October Term, 1908, of Wake. Tbis was an action brought by E. ~W. Edwards against the city Of Raleigb for injuries sustained'from falling into an excavation, cellar or basement way on East Martin Street, in the city of Raleigh.
Read the full summary
ActioN tried before Neal, Jand a jury, at October Term, 1908, of Wake. Tbis was an action brought by E. ~W. Edwards against the city Of Raleigb for injuries sustained'from falling into an excavation, cellar or basement way on East Martin Street, in the city of Raleigh. At the conclusion of the plaintiff’s evidence the defendant moved to nonsuit the plaintiff, upon the ground that, according to his own testimony, he was guilty of such contributory negligence as bars a recovery. Motion allowed. Plaintiff excepted and appealed. The facts are fully stated in the opinion of the Court.
1Opinion of the CourtBrown, J.
The evidence, taken in the most favorable light for the plaintiff, establishes these facts: On 23 November, 1907, about 7 P. M., the plaintiff, while walking along the sidewalk of East Martin Street, in the city of Raleigh, stepped into the entrance to a basement way leading from the inner side of said street, next to the Citizens National Bank, by stairsteps down into the basement of that building.
The sidewalk is 10 feet 10 inches wide, from the building to the curb. The stairway opening is a part of the construction of the building, next to the wall and parallel with it. The length is some…
2Cases cited6 opinions
- Gridley v. City of BloomingtonIllinois Supreme Court · 1873
- Fisher v. ThirkellMichigan Supreme Court · 1870
- Jorgensen v. . SquiresNew York Court of Appeals · 1895
- Smith v. City of LeavenworthSupreme Court of Kansas · 1875
- Nelson v. GodfreyIllinois Supreme Court · 1850
1 more not listed; retrieve them via the Exa API.