Clark v. . Traction Co.
Supreme Court of North Carolina
AcxiON by W. Y. Clark against the Durham Traction Company, heard by Judge Henry U. Bryan and a jury at the October Term, 1904, of the Superior Court of Dueham County. This was a civil action for the recovery of damages for injury by the negligence of the defendant. The Court submitted the following issues: 1. Was the plaintiff injured by the negligence of the defendant as alleged in the complaint ? Ans.
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AcxiON by W. Y. Clark against the Durham Traction Company, heard by Judge Henry U. Bryan and a jury at the October Term, 1904, of the Superior Court of Dueham County. This was a civil action for the recovery of damages for injury by the negligence of the defendant. The Court submitted the following issues: 1. Was the plaintiff injured by the negligence of the defendant as alleged in the complaint ? Ans. Yes. 2. If so, did the plaintiff by negligence on his part contribute to said injury? Ans. No. 3. What damages, if any, is plaintiff entitled to.recover? Ans. $500. Erom a judgment for the…
1Opinion of the CourtBrown, J.
The first proposition which is'presented by several of the exceptions of the defendant brings up the question as to whether or not the plaintiff was a passenger on the defendant’s line at the time of the injury sustained by him. The Court charged the jury if they believed the evidence in the case to be true to find that the plaintiff was a passenger. In this instruction we see no error. The only testimony upon this point is that of the plaintiff himself and the testimony of the defendant’s witness, Sorrell. We see nothing in the testimony of the latter tending to contradict the statement of…
2Cases cited5 opinions
- Sheridan v. Brooklyn City & Newtown RailroadNew York Court of Appeals · 1867
- Wallace v. Western N. C. RailroadSupreme Court of North Carolina · 1889
- Seawell v. Carolina Central RailroadSupreme Court of North Carolina · 1903
- Wardle v. New Orleans City RailroadSupreme Court of Louisiana · 1883
- North Chicago St. R. R. v. KaspersAppellate Court of Illinois · 1899
3Cited by26 opinions
- Virginia Railway & Power Co. v. DresslerSupreme Court of Virginia · 1922
- Russ v. . Telegraph Co.Supreme Court of North Carolina · 1943
- Kirkpatrick v. . CrutchfieldSupreme Court of North Carolina · 1919
- Tillett v. . R. R.Supreme Court of North Carolina · 1894
- Loggins v. . Utilities Co.Supreme Court of North Carolina · 1921
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