White v. Suffolk & Carolina Railroad
Supreme Court of North Carolina
ActioN for damages for injuries caused by the negligence of defendant, tried.at Spring. Term, 1897, of Oi-iowan Superior Court before Bryan, J., and a jury. The defendant set up as a defence the contributory negligence of the plaintiff. The testimony was as follows: (}. II. White testified: “Am son of plaintiff! Accident occurred at Corapeake station Monday, February 17, 1896, at 7:30 o’clock p. m.; I was with him.
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ActioN for damages for injuries caused by the negligence of defendant, tried.at Spring. Term, 1897, of Oi-iowan Superior Court before Bryan, J., and a jury. The defendant set up as a defence the contributory negligence of the plaintiff. The testimony was as follows: (}. II. White testified: “Am son of plaintiff! Accident occurred at Corapeake station Monday, February 17, 1896, at 7:30 o’clock p. m.; I was with him. Brinkley, Section Master, and J were the only persons present. My father was going to Chowan station; he lives eight miles from that station. Plaintiff bought his ticket in Jones’…
1Opinion of the Court
Furches, J.:
This is an action to recover damages received by the plaintiff on account of the alleged negligence of the defendant-. If is admitted and found by the jury that defendant was guilty of negligence. And it is found that plaintiff was damaged to the amount of five hundred dollars, and there is no exception to this finding.
But it is alleged by defendant that plaintiff was also guilty of negligence, and that this was the proximate cause of the injury. It is also contended by defendant that the Court, by its charge in substance, instructed the jury that there was no contributory…
2Cases cited3 opinions
- Wittkowsky v. WassonSupreme Court of North Carolina · 1874
- Hinshaw v. Raleigh & Augusta Air Line R. R.Supreme Court of North Carolina · 1896
- State v. . ShuleSupreme Court of North Carolina · 1849
3Cited by20 opinions
- Cox v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1898
- Bruce v. O'Neal Flying Service, Inc.Supreme Court of North Carolina · 1951
- Neal v. . R. R.Supreme Court of North Carolina · 1900
- Cable v. Southern Railway Co.Supreme Court of North Carolina · 1898
- Neal v. Carolina Central RailroadSupreme Court of North Carolina · 1900
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