Farris v. Southern Railway Co.
Supreme Court of North Carolina
Appeal from. J. S. Adams, June Term, 1909, of Btjkke. His Honor submitted issues to tbe jury, presenting (1) tbe negligence of tbe defendants; (2) tbe contributory negligence of tbe plaintiff’s intestate; (3) tbe last clear cbance; (4) damages. Tbe jury answered all tbe issues in favor of tbe 'plaintiff, and assessed damages in tbe sum of $6,000. Tbe case was beard entirely upon tbe evidence of witnesses offered by tbe plaintiff.
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Appeal from. J. S. Adams, June Term, 1909, of Btjkke. His Honor submitted issues to tbe jury, presenting (1) tbe negligence of tbe defendants; (2) tbe contributory negligence of tbe plaintiff’s intestate; (3) tbe last clear cbance; (4) damages. Tbe jury answered all tbe issues in favor of tbe 'plaintiff, and assessed damages in tbe sum of $6,000. Tbe case was beard entirely upon tbe evidence of witnesses offered by tbe plaintiff. Tbe defendant offered no testimony, and moved for judgment of nonsuit at tbe close of tbe evidence, wbicb motion was disallowed, and defendant qxcepted. Tbis…
1Opinion of the Court
Manning, J.,
after stating the case: The question first presented for our consideration is the negligence of the defendants. If the evidence does not prove or tend to prove a breach of duty by the defendants towards the plaintiff’s intestate, and that such breach of duty resulted proximately in the injury complained of, then it must follow that the motion to nonsuit ought to have been allowed for failure of proof on the first issue.
In Wilson v. Railroad, 142 N. C., 333, Mr. Justice Brown, speaking for this Court, said: “The attempt to make a running switch across a much-frequented street is…
2Cases cited28 opinions
- Russell v. Carolina Central R. R.Supreme Court of North Carolina · 1896
- French v. Taunton Branch RailroadMassachusetts Supreme Judicial Court · 1875
- Sawyer v. Roanoke Railroad & Lumber Co.Supreme Court of North Carolina · 1907
- Pickett v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1895
- Illinois Central Railroad v. BachesIllinois Supreme Court · 1870
23 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Johnson v. . R. R.Supreme Court of North Carolina · 1913
- Wagoner v. North Carolina RailroadSupreme Court of North Carolina · 1953
- Johnson v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1913
- Bruce v. O'Neal Flying Service, Inc.Supreme Court of North Carolina · 1951
- Shepard v. Norfolk & Southern RailroadSupreme Court of North Carolina · 1914
23 more not listed; retrieve them via the Exa API.