Blackwell v. Lynchburg & Durham Railroad
Supreme Court of North Carolina
Civil action, tried at November Term, 1891, of Person-Superior Court, Winston, J., presiding. The action was brought by plaintiff administrator to recover damages for the killing of his intestate by blasting in the construction of the railway of the Lynchburg and Durham Railroad Company. The defendants Moorman & Co. were Jointly sued with the railroad company.
Read the full summary
Civil action, tried at November Term, 1891, of Person-Superior Court, Winston, J., presiding. The action was brought by plaintiff administrator to recover damages for the killing of his intestate by blasting in the construction of the railway of the Lynchburg and Durham Railroad Company. The defendants Moorman & Co. were Jointly sued with the railroad company. The testimony in substance was that Moorman & Co. were contractors engaged in the construction of the road-bed of the defendant company; that while blasting in a cut, distant some two hundred yards from the residence of the deceased,…
1Opinion of the Court
Avery, J.:
The defendant does not contend that any specific view of the law, arising out of the testimony, could not be presented to the jury through the medium of pertinent instructions upon the issue submitted. This being the test of the question whether the Judge below kept within the bounds of his discretionary power when he refused to add the issue suggested, the first exception is manifestly not well founded. McAdoo v. Railroad, 105 N. C., 151; Emry v. Railroad Co., 102 N. C., 209; Meredith v. Coal and Iron Co., 99 N. C., 576; Boyer v. Teague, 106 N. C, 633. This Court has, moreover,…
2Cases cited15 opinions
- Losee v. . BuchananNew York Court of Appeals · 1873
- Heeg v. . LichtNew York Court of Appeals · 1880
- St. Peter v. . DenisonNew York Court of Appeals · 1874
- Emery v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1889
- Beauchamp v. Saginaw Mining Co.Michigan Supreme Court · 1883
10 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Cashin v. Northern Pacific Railway Co.Montana Supreme Court · 1934
- Kimberly v. HowlandSupreme Court of North Carolina · 1906
- Kimberly v. . HowlandSupreme Court of North Carolina · 1906
- Bradley v. Ohio River & Charleston Railway Co.Supreme Court of North Carolina · 1900
- Tinney v. CrosbySupreme Court of Vermont · 1941
13 more not listed; retrieve them via the Exa API.