Sheldon v. City of Asheville
Supreme Court of North Carolina
Civil aotioN for damages, tried at March Term, 1895, of BuNOombe Superior Court, before Graham, Jand a jury. There was a verdict for the plaintiff and judgment thereon for $1,100 and the plaintiff appealed, the principal error assigned being that discussed in the opinion of Associate Justice Aveky.
1Opinion of the Court
Aveky, J.:
The plaintiff testified that she had already passed over a portion of the plank sidewalk that was obviously bad, and over a portion of the street where it was entirely gone, when at a point directly in front of "West’s front door, where the sidewalk, “ as far as she could see,” was good, a strip gave way and let her foot between the boards, so as to throw her down. In this fall she received, the injury complained of. The Court charged the jury that if the sidewalk was in the condition testified to by the witnesses, and was allowed to remain so for any considerable length of time,…
2Cases cited11 opinions
- Russell v. Carolina Central R. R.Supreme Court of North Carolina · 1896
- Hinshaw v. Raleigh & Augusta Air Line R. R.Supreme Court of North Carolina · 1896
- Lloyd v. Albemarle & Raleigh R. R.Supreme Court of North Carolina · 1896
- Russell v. Town of MonroeSupreme Court of North Carolina · 1895
- Shields v. Town of DurhamSupreme Court of North Carolina · 1896
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Brewster v. Elizabeth City.Supreme Court of North Carolina · 1905
- Beach v. Southern Railway Co.Supreme Court of North Carolina · 1908
- Russell v. . MonroeSupreme Court of North Carolina · 1895
- Ward v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1914
- Abernathy v. . R. R.Supreme Court of North Carolina · 1913
9 more not listed; retrieve them via the Exa API.