Doster v. Charlotte Street Railway Co.
Supreme Court of North Carolina
Civil ACTION, tried before Winston, Judge, and a jury, at December Term, 1895, of MbokleNbukg Superior Court, on appeal from Justice’s Court. The action was to recover damages for alleged injuries to plaintiff’s buggy and mule, caused by the negligence of the defendant in running its street cars. The plaintiff, Kobert Doster, in his own behalf, testified : “I came into Charlotte the 1st day of March, 1893, driving a mule to buggy, Miss Culp being with me in the buggy.
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Civil ACTION, tried before Winston, Judge, and a jury, at December Term, 1895, of MbokleNbukg Superior Court, on appeal from Justice’s Court. The action was to recover damages for alleged injuries to plaintiff’s buggy and mule, caused by the negligence of the defendant in running its street cars. The plaintiff, Kobert Doster, in his own behalf, testified : “I came into Charlotte the 1st day of March, 1893, driving a mule to buggy, Miss Culp being with me in the buggy. As we crossed the railroad in front of Dr. Brevard’s, we met the street car coming. The mule was frightened, stopped and ran…
1Opinion of the Court
Avery, J. :
The plaintiff voluntarily exposed himself, his buggy and his mule to the risk of any accident which might be caused by the animal’s taking fright at the usual noise incident to running a street car by electricity, there being no testimony tending to show that the motorman wantonly or maliciously made unnecessary noise for the purpose of scaring the animal. Where a horse is being driven or is running uncontrolled along a highway parallel to a railway of any kind, though it give unmistakable evidence by its movements that it is alarmed at an approaching train or car, the engineer or…
2Cases cited5 opinions
- Bullock v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Wilson v. Norfolk & Southern RailroadSupreme Court of North Carolina · 1884
- Carlton v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1889
- Snowden v. Norfolk Southern RailroadSupreme Court of North Carolina · 1886
- Rigler v. Charlotte, Columbia & Augusta RailroadSupreme Court of North Carolina · 1886
3Cited by16 opinions
- Everett v. Receivers of Richmond & Danville RailroadSupreme Court of North Carolina · 1897
- Flaherty v. HarrisonWisconsin Supreme Court · 1898
- Rittenhouse v. Wilmington Street-Railway Co.Supreme Court of North Carolina · 1897
- Moore v. Electric Co.Supreme Court of North Carolina · 1904
- Moore v. Charlotte Electric Street Railway Co.Supreme Court of North Carolina · 1901
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