Perry v. Norfolk Southern Railroad
Supreme Court of North Carolina
Appeal by defendant from GooTee, J., at December Term, 1915, of OhowaN. Civil action to recover damages to plaintiff’s land and crop.s grown thereon by the construction of defendant’s road through said land and by alleged negligent failure to keep open the culverts under the roadbed.
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Appeal by defendant from GooTee, J., at December Term, 1915, of OhowaN. Civil action to recover damages to plaintiff’s land and crop.s grown thereon by the construction of defendant’s road through said land and by alleged negligent failure to keep open the culverts under the roadbed. On denial of liability, the jury rendered the following verdict: 1. Is the plaintiff the owner of the land described in the complaint? Answer: “Yes.” 2. Have the lands of plaintiff been damaged by the negligence of the defendant, as alleged in the complaint? Answer: “Yes.” 3. If so, in what amount? Answer:…
1Opinion of the CourtHoke, J.
The submission of a controversy of this Character on issues addressed to the land and crops separately, while not always necessary, is at times desirable for the proper presentation of the questions involved, and such a course has been approved with us by direct decisions on the subject. Beasley v. R. R., 147 N. C., 362; Ridley v. R. R., 124 N. C., 37.
We are of opinion, however, that there was error committed to defendant’s prejudice in charging the jury on the fourth issue: “That if they believed the evidence in this case they would answer the issue 'Yes.’ ”
While there are facts in evidence…
2Cases cited5 opinions
- Duval v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1913
- Ridley v. RailroadSupreme Court of North Carolina · 1899
- Beasley v. Aberdeen & Rockfish RailroadSupreme Court of North Carolina · 1908
- Campbell v. Raleigh & Charleston RailroadSupreme Court of North Carolina · 1912
- Rice v. Norfolk Southern RailroadSupreme Court of North Carolina · 1914
3Cited by6 opinions
- Ivester v. City of Winston-SalemSupreme Court of North Carolina · 1939
- Barcliff v. Norfolk Southern RailroadSupreme Court of North Carolina · 1918
- Lightner v. City of RaleighSupreme Court of North Carolina · 1934
- Oakley v. Texas Co.Supreme Court of North Carolina · 1953
- Barclift v. Norfolk Southern RailroadSupreme Court of North Carolina · 1918
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