Alexander v. Richmond & Danville Railroad
Supreme Court of North Carolina
Civil aotiox, tried at Fall Term, 1892, of the ¡Superior Court of MecKLUNbuiiu County, before Graves, J., and a jury. The plaintiff alleged that in attempting to cross defendant’s railroad at the crossing at Fifth street in Charlotte, with her horse and buggy, she was carelessly and negligently run into by defendant’s shifting engine, and that she was injured in her person and property — her buggy broken, her horse frightened and thereby rendered less easily manageable, and…
Read the full summary
Civil aotiox, tried at Fall Term, 1892, of the ¡Superior Court of MecKLUNbuiiu County, before Graves, J., and a jury. The plaintiff alleged that in attempting to cross defendant’s railroad at the crossing at Fifth street in Charlotte, with her horse and buggy, she was carelessly and negligently run into by defendant’s shifting engine, and that she was injured in her person and property — her buggy broken, her horse frightened and thereby rendered less easily manageable, and her shoulder bruised, causing a permanent injury to her right arm — and claimed $1,900 damages. Defendant denied that…
1Opinion of the Court
MacRae, J.:
It was admitted on the trial that the defendant had been negligent. The contention was principally upon the second issue, which involved the question of contributory negligence. As stated in defendant’s brief, “The only question, then, is were the instructions warranted by the evidence, and, if so, were they substantially given in the charge ? ” There seems to be no error in the charge unless there was a failure on the part of his Honor to give some instruction which defendant requested, and to which it was entitled; we will, therefore, examine the prayers for instruction with the…
2Cases cited5 opinions
- Hinkle v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
- McDonald v. . CarsonSupreme Court of North Carolina · 1886
- Farrell & Co. v. Richmond & Danville R. R.Supreme Court of North Carolina · 1889
- Baker v. . BremSupreme Court of North Carolina · 1889
- Harrell v. Albemarle & Raleigh RailroadSupreme Court of North Carolina · 1892
3Cited by21 opinions
- Johnson v. . R. R.Supreme Court of North Carolina · 1913
- Russell v. Carolina Central R. R.Supreme Court of North Carolina · 1896
- Cooper v. RailroadSupreme Court of North Carolina · 1905
- Norton v. North Carolina RailroadSupreme Court of North Carolina · 1898
- Johnson v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1913
16 more not listed; retrieve them via the Exa API.