Dunn v. Wilmington & Weldon Railroad
Supreme Court of North Carolina
Civil ActioN to recover damages for personal injury occasioned by negligence of defendant, tried before Bryan, J., at December Team, 1899, of DupliN Superior Court. Former trial reported in 124 N. C., 252. The issue-s, evidence, prayer for special instruction, and charge of the Court are recapitulated in the opinion. There wa,s a verdict in favor of plaintiff for $500. Judgment accordingly. Appeal by defendant.
1Opinion of the CourtFaircloth, C. J.
The plaintiff alleges that he was injured by the negligence of the defendant, who denies plaintiff’s allegations, and avers that plaintiff’s negligence caused his injury. Issues submitted :(1) Was the plaintiff injured through the negligence of the defendant''1 Answer. “Yes.”(2) Did the plaintiff by his negligence contribute to the. injury? Answer. “No.”(o) Could defendant, notwithstanding the negligence of plaintiff, have prevented the injury by the exercise of ordinary care? Not answered.
Plaintiff introduced evidence tending to show that defendant negligently allowed its engine to stand on…
2Cases cited1 opinion
- Dunn v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1899
3Cited by7 opinions
- Paul v. . R. R.Supreme Court of North Carolina · 1915
- Paul v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1915
- Dunn v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1902
- Holland v. RailroadSupreme Court of North Carolina · 1904
- Holland v. . R. R.Supreme Court of North Carolina · 1904
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