Myers v. Richmond & Danville Railroad
Supreme Court of North Carolina
Civil Action tried at July Spring Term, 1882, of Guil-ford Superior Court, before Gilmer, J. This action is brought to recover damages for personal injuries sustained by the feme plaintiff while travelling on a public highway, and alleged to have been caused by the defendant’s negligence.
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Civil Action tried at July Spring Term, 1882, of Guil-ford Superior Court, before Gilmer, J. This action is brought to recover damages for personal injuries sustained by the feme plaintiff while travelling on a public highway, and alleged to have been caused by the defendant’s negligence. The complaint alleges that while going from her home in the country to the town of Thomasville, travelling in a buggy, the feme plaintiff was forced to cross the track of the defendant’s railroad at a point near said town upon a bridge which had been hitherto constructed by the defendant; and that upon the…
1Opinion of the CourtRuffin, J.
In the opinion of this court, the plaintiffs have just cause to complain of the action in the court below in respect to the issues submitted to the jury.
As framed and responded to, .they present the plaintiffs’ case solely with reference to the defendant’s right to use the highway, and make it to depend upon the single question, whether the user • amounted to á partial or complete obstruction of the passage across the bridge. His Honor in fact throughout the entire trial seems to have considered the case only from this one point of view — as also did the defendant’s counsel who argued the…
2Cited by8 opinions
- Norton v. North Carolina RailroadSupreme Court of North Carolina · 1898
- Dunn v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1899
- Sherman, Shreveport & Southern Railway Co. v. BridgesCourt of Appeals of Texas · 1897
- Harrell v. . R. R.Supreme Court of North Carolina · 1892
- Harrell v. Albemarle & Raleigh RailroadSupreme Court of North Carolina · 1892
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