Witsell v. West Asheville & Sulphur Springs Railway Co.
Supreme Court of North Carolina
Civil aotioN, tried before Bryan, J., and a jury, at December Term, 1896, of BuNcoMbe Superior Court, for damages sustained by the plaintiff as a passenger on the street railway, which, it was alleged, negligently permitted its car to run down hill at a rapid speed and without proper appliances, whereby the car was derailed and the plaintiff injured. The usual issues as to negligence, contributory negligence and amount of damages were submitted.
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Civil aotioN, tried before Bryan, J., and a jury, at December Term, 1896, of BuNcoMbe Superior Court, for damages sustained by the plaintiff as a passenger on the street railway, which, it was alleged, negligently permitted its car to run down hill at a rapid speed and without proper appliances, whereby the car was derailed and the plaintiff injured. The usual issues as to negligence, contributory negligence and amount of damages were submitted. Verdict and judgment for the plaintiff. Appeal by the defendant, who assigned the following errors: 1. To the admission by the court of the testimony…
1Opinion of the Court
OuaRK, J. :
The statements and declarations of the motorman, made to plaintiff just preceding the accident as to the condition of the track, as to his not having sand and the car being late and overloaded, and the rapidity of the speed, were competent as part of the res gestae and also as fixing the company with knowledge of facts requiring a greater degree of care and prudence than ordinary. 4 Thompson Corp., Sections 4913, 4914; Morawetz Corp., Section 540a.
Each of the four special instructions asked by the defendant concludes by asking the court to instruct the jury that the “plaintiff…
2Cases cited8 opinions
- Haynes v. Kaleigh Gas Co.Supreme Court of North Carolina · 1894
- Mason v. Richmond & Danville RailroadSupreme Court of North Carolina · 1892
- Pittsburg, Cincinnati & St. Louis Railway Co. v. ThompsonIllinois Supreme Court · 1870
- Tuller v. TalbotIllinois Supreme Court · 1860
- McDonald v. . CarsonSupreme Court of North Carolina · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Bradley v. Ohio River & Charleston Railway Co.Supreme Court of North Carolina · 1900
- Deligny v. Tate Furniture Co.Supreme Court of North Carolina · 1915
- Ainsley v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1914
- Adduci v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- Fearington v. . Tobacco Co.Supreme Court of North Carolina · 1906
1 more not listed; retrieve them via the Exa API.