Clark v. Wilmington & Weldon Railroad
Supreme Court of North Carolina
This was a civil ACTION, tried at August Term, 1891, of JOHNSTON County Superior Court, before Whitaker, J. The following issues were submitted to the jury: 1. Was J. M. Clark killed by the negligent running of defendant's engine ? 2 Was there contributory negligence on his part? 3. After said J. M. Clark put himself in peril, might the killing have been avoided by the exercise of proper care and prudence on the part of defendant company’s engineer? 4. What damage, if any,…
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This was a civil ACTION, tried at August Term, 1891, of JOHNSTON County Superior Court, before Whitaker, J. The following issues were submitted to the jury: 1. Was J. M. Clark killed by the negligent running of defendant's engine ? 2 Was there contributory negligence on his part? 3. After said J. M. Clark put himself in peril, might the killing have been avoided by the exercise of proper care and prudence on the part of defendant company’s engineer? 4. What damage, if any, is plaintiff entitled to recover? The jury answered each of the first three issues (1, 2 and 3), “Yes,” and the fourth…
1Opinion of the Court
CLARK and DAVIS, JJ., dissenting. The following issues were submitted to the jury:
1. Was J. M. Clark killed by the negligent running of defendant's engine?
2. Was there contributory negligence on his part?
3. After said J. M. Clark put himself in peril, might the killing have been avoided by the exercise of proper care and prudence on the part of defendant company's engineer?
4. What damage, if any, is plaintiff entitled to recover?
The jury answered each of the first three issues (1, 2 and 3), "Yes," and fourth issue, "$1,250."
The following is the material evidence in the case:
Jackson Lassiter,…
2Cases cited12 opinions
- Detroit & Milwaukee Railroad v. Van SteinburgMichigan Supreme Court · 1868
- Isbell v. New York & New Haven RailroadSupreme Court of Connecticut · 1858
- Sheridan v. Brooklyn City & Newtown RailroadNew York Court of Appeals · 1867
- Trow v. Vermont Central RailroadSupreme Court of Vermont · 1852
- Bullock v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
7 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Cole v. German Savings & Loan Soc.Court of Appeals for the Eighth Circuit · 1903
- Wall v. . BainSupreme Court of North Carolina · 1942
- American Bridge Co. v. SeedsCourt of Appeals for the Eighth Circuit · 1906
- Redmon v. . R. R.Supreme Court of North Carolina · 1928
- High v. Carolina Central RailroadSupreme Court of North Carolina · 1893
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