Denny v. City of Burlington
Supreme Court of North Carolina
Appeal from Biggs, J., at tlie January Term, 1911, of Ala-mance. The plaintiff sues to recover of the defendants the sum of $25,000 for the death of her intestate, alleging that his death was caused by the negligence of the city and its agents and servants, the defendants Eussell and Harris, and that the negligence consisted in not providing a safe place for intestate to work while in the employ of the defendant, the city of Burlington, and while engaged in the work of…
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Appeal from Biggs, J., at tlie January Term, 1911, of Ala-mance. The plaintiff sues to recover of the defendants the sum of $25,000 for the death of her intestate, alleging that his death was caused by the negligence of the city and its agents and servants, the defendants Eussell and Harris, and that the negligence consisted in not providing a safe place for intestate to work while in the employ of the defendant, the city of Burlington, and while engaged in the work of building a reservoir for sewerage purposes. She alleges that this negligence consisted in not sufficiently curbing the walls…
1Opinion of the CourtWalker, J.
If we concede that the plaintiff has sufficiently alleged and shown that the death of Denny, plaintiff’s intestate, was caused by a negligent or wrongful act of Russell and Harris, and that there is no evidence of assumption of risk or contributory negligence on the part of Denny, we are yet of the opinion that the charge of the court was right, in view of the evidence, even when construed and considered in its most favorable aspect for the plaintiff, which is the settled rule by which we must be governed in passing upon the correctness of such a peremptory instruction as that given in this…
2Cases cited11 opinions
- Driscoll v. TowleMassachusetts Supreme Judicial Court · 1902
- Norwalk Gaslight Co. v. Borough of NorwalkSupreme Court of Connecticut · 1893
- Robideaux v. HebertSupreme Court of Louisiana · 1907
- Bibb's Adm'r v. N. & W. R. R.Supreme Court of Virginia · 1891
- Davis v. Summerfield.Supreme Court of North Carolina · 1903
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3Cited by33 opinions
- Hayes v. . Elon CollegeSupreme Court of North Carolina · 1944
- Hayes v. Board of Trustees of Elon CollegeSupreme Court of North Carolina · 1944
- Greer v. . Construction Co.Supreme Court of North Carolina · 1925
- Harmon v. Ferguson Contracting Co.Supreme Court of North Carolina · 1912
- Cole v. City of DurhamSupreme Court of North Carolina · 1918
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