Nathan v. Charlotte Street Railway Co.
Supreme Court of North Carolina
Civil aotioN, tried before Timberlahe, N., at October Term, 1895, of the Superior Court of MbokleNbukg. The action was originally brought against the said Charlotte Street Railway Company and the Charlotte Consolidated Construction Company, but, at the close of the evidence, the plaintiff entered a nol. pros, as to the last-named defendant. The plaintiff teudered the following issues : “ First.
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Civil aotioN, tried before Timberlahe, N., at October Term, 1895, of the Superior Court of MbokleNbukg. The action was originally brought against the said Charlotte Street Railway Company and the Charlotte Consolidated Construction Company, but, at the close of the evidence, the plaintiff entered a nol. pros, as to the last-named defendant. The plaintiff teudered the following issues : “ First. Was the plaintiff, Nathan, injured by the negligence of the Charlotte Street Railway Company ? “ Second. Did the plaintiff, Nathan, by his own negligence, contribute to his injury ? “ Third.…
1Opinion of the Court
Avery, J.:
Where the testimony raises the question whether there was any negligence on the part of the defendant intervening after the alleged contributory negligence of the plaintiff, it is better to leave out of the first and incorporate only in the third issue (as they are usually •drawn) the inquiry whether the plaintiff’s negligence was the proximate cause of the injury. This would make the •ordinary form of the three issues in such cases as follows :
“ 1. Was the defendant negligent?
“2. Did the negligence of the plaintiff contribute to cause the injury?
“3. Notwithstanding the negligence…
2Cases cited10 opinions
- Pickett v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1895
- Denmark v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1890
- Holmes, Ex'r v. . GodwinSupreme Court of North Carolina · 1873
- Lindley v. Richmond & Danville RailroadSupreme Court of North Carolina · 1883
- Burton v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1881
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Benton v. . CollinsSupreme Court of North Carolina · 1899
- Vernon v. CristSupreme Court of North Carolina · 1977
- Murray v. KrenzSupreme Court of Connecticut · 1920
- Rittenhouse v. Wilmington Street-Railway Co.Supreme Court of North Carolina · 1897
- Patton v. Sinclaire Lumber Co.Supreme Court of North Carolina · 1919
16 more not listed; retrieve them via the Exa API.