Rittenhouse v. Wilmington Street-Railway Co.
Supreme Court of North Carolina
Civil action, for damages for injuries fco plaintiff’s intestate resulting in his death, tried before Coble, J., and a jury, at Fall Term, 1898, of New ITaNoveR Superior Court.
1Opinion of the Court
ClaeK, J.:
We do not think it was error to refuse to admit the fourth' issue tendered by the defendant, It is true that in strict parlance, and logically, there is a distinction between contributory negligence of the intestate and his voluntarily taking a risk which he knew to be dangerous. “Carelessness is not the same thing as intelligent choice,” and most respectable authorities have pointed out the distinction. Bowen, L. J., in Thomas v. Quartermaine, 18 Q. B. D., 685, 697; Minor v. Railroad, 153 Mass., 398. But upon the issue of “contributory negligence” both phases of the matter,…
2Cases cited15 opinions
- Miner v. Connecticut River RailroadMassachusetts Supreme Judicial Court · 1891
- Johnson v. Boston Tow-Boat Co.Massachusetts Supreme Judicial Court · 1883
- Tillett v. Lynchburg & Durham RailroadSupreme Court of North Carolina · 1894
- Denmark v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1890
- Humphrey v. Board of Trustees of Front Street Methodist Episcopal ChurchSupreme Court of North Carolina · 1891
10 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Benton v. . CollinsSupreme Court of North Carolina · 1899
- Lloyd v. P. H. Hanes & Co.Supreme Court of North Carolina · 1900
- Hunt v. EureSupreme Court of North Carolina · 1925
- Dorsett v. Clement-Ross Manufacturing Co.Supreme Court of North Carolina · 1902
- Patterson v. . MillsSupreme Court of North Carolina · 1897
22 more not listed; retrieve them via the Exa API.