Emry v. Raleigh & Gaston Railroad
Supreme Court of North Carolina
Civil ACTION, tried at Fall Term, 1890, of Halifax Superior Court-, Whitaker, J., presiding. The plaintiffs brought this action to recover damages for alleged injuriesto the feme plaintiff's land, brick-yard and brick, situate on the same, a short distance above the place where the defendant’s railroad crosses Chockeyotte Creek on an arched culvert.
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Civil ACTION, tried at Fall Term, 1890, of Halifax Superior Court-, Whitaker, J., presiding. The plaintiffs brought this action to recover damages for alleged injuriesto the feme plaintiff's land, brick-yard and brick, situate on the same, a short distance above the place where the defendant’s railroad crosses Chockeyotte Creek on an arched culvert. It is alleged that this culvert was too small to allow-the water of the creek to pass freely through it in times of freshet, and that the free-ffow of the water was obstructed by it, and the'water became ponded and made to flow back upon…
1ConcurrenceShepherd, J.
Tim defendant prayed the Court to instruct the jury that upon the plaintiff’s own evidence there was contributory negligence, and we have held *595that the instruction should have been given. This is sufficient to dispose of the appeal, but as the case goes back fora new trial, and the other question which has been presented and so extensively discussed will very likely arise, it is proper that it should now be passed upon.
No principle is more firmly established by this Court than that negligence and ordinary care are mixed questions of law and fact. If the facts are undisputed, it is for the…
2Cases cited10 opinions
- Aycock v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1883
- McKinnon v. . MorrisonSupreme Court of North Carolina · 1889
- Troy v. Cape Fear & Yadkin Valley RailroadSupreme Court of North Carolina · 1888
- Gunter v. . WickerSupreme Court of North Carolina · 1881
- Boon v. . MurphySupreme Court of North Carolina · 1891
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