Legal Opinion

Arrowood v. South Carolina & Georgia Extension Railway Co.

Supreme Court of North Carolina

Decided May 22, 1900PublishedCited by 18 opinions

Civil Action for the alleged killing by negligence of plaintiffs’ intestate, Gilbert Arrowood, tried before Shaw, J., at Special January Term, 1900, of McDowell Superior Court, upon the usual issues — negligence—contributory negligence, and last chance; all three of which the jury found in the affirmative, and assessed tbe plaintiffs’ damages at $1,500. Judgment for plaintiffs according to verdict. Appeal by defendant.

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Civil Action for the alleged killing by negligence of plaintiffs’ intestate, Gilbert Arrowood, tried before Shaw, J., at Special January Term, 1900, of McDowell Superior Court, upon the usual issues — negligence—contributory negligence, and last chance; all three of which the jury found in the affirmative, and assessed tbe plaintiffs’ damages at $1,500. Judgment for plaintiffs according to verdict. Appeal by defendant. Tbe exceptions taken by defendant axe considered in tbe opinion.

1Opinion of the CourtClark, J.

Tbe first exception for permitting tbe use of tbe map can not be sustained as it was admitted merely to explain tbe witness’ testimony, and as a part thereof. Riddle v. Germanton, 117 N. C., 387, and cases cited; Tankard v. Railroad, Ibid, 558.

Tbe Court instructed tbe jury that if they found from tbe evidence “that this was a public passway, as heretofore defined, and that tbe engineer, by reason of tbe curve in tbe road and tbe obstruction of tbe smoke-stack, could not keep a proper lookout for persons on tbe track, and that tbe fireman could bave done so; tben it would have been tbe duty of…

2Cases cited4 opinions

  1. Pickett v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1895
  2. Lloyd v. Albemarle & Raleigh R. R.Supreme Court of North Carolina · 1896
  3. Powell v. Southern Railway Co.Supreme Court of North Carolina · 1899
  4. Riddle v. Town of GermantonSupreme Court of North Carolina · 1895

3Cited by18 opinions

  1. Britt v. Carolina Northern RailroadSupreme Court of North Carolina · 1908
  2. Pickett v. . R. R.Supreme Court of North Carolina · 1895
  3. Willis v. . New BernSupreme Court of North Carolina · 1926
  4. Treadwell v. . R. R.Supreme Court of North Carolina · 1915
  5. Moore v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1923

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