Willis v. Atlantic & Danville Railroad
Supreme Court of North Carolina
Civil actioít tried before Adams, J., and a jury at October Term, 1897, of Caswell Superior Court. (For report of former appeal in same case see 120 N. C., 508.) The issues submitted and the responses thereto were as follows : “1. Was the plaintiff injured by the negligence of defendant?” Ans. “Yes.” “2. Did the plaintiff, by his own negligence, contribute to his injury ?” Ans.
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Civil actioít tried before Adams, J., and a jury at October Term, 1897, of Caswell Superior Court. (For report of former appeal in same case see 120 N. C., 508.) The issues submitted and the responses thereto were as follows : “1. Was the plaintiff injured by the negligence of defendant?” Ans. “Yes.” “2. Did the plaintiff, by his own negligence, contribute to his injury ?” Ans. “No.” “8. Could the defendant, by the exercise of ordinary care, have prevented the injury ? ” Ans. “Yes.” “é. What damage, if any, has plaintiff sustained?” Ans. “$500.” The defendant tendered the following issues in…
1Opinion of the Court
Clark, J.:
Every phase of defendant’s contention could be presented upon the issues submitted, and .the first three exceptions are without merit Patterson v. Mills, 121 N. C., 258 ; Coley v. Statesville, Ibid 301; indeed the issues were those properly arising on the pleadings. Denmark v. Railroad, 107 N. C., 185.
This case was here at a former term — 120 N. C., 508. After it went back, the plaintiff amended his complaint in several particulars, especially in charging negligence specifically in that the defendant ran the excursion train “without any notice to the section master of the hand car,…
2Cases cited6 opinions
- Denmark v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1890
- McDonald v. . CarsonSupreme Court of North Carolina · 1886
- Patterson v. . MillsSupreme Court of North Carolina · 1897
- Farrell & Co. v. Richmond & Danville R. R.Supreme Court of North Carolina · 1889
- Willis v. Atlantic & Danville RailroadSupreme Court of North Carolina · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Wall v. . BainSupreme Court of North Carolina · 1942
- Wagoner v. North Carolina RailroadSupreme Court of North Carolina · 1953
- Bradley v. Ohio River & Charleston Railway Co.Supreme Court of North Carolina · 1900
- Witsell v. . R. R.Supreme Court of North Carolina · 1897
- Powell v. Southern Railway Co.Supreme Court of North Carolina · 1899
24 more not listed; retrieve them via the Exa API.