Pender v. City of Salisbury
Supreme Court of North Carolina
' Appeal by plaintiff from Ferguson, J., at February Term, 1912, of Rowan. Civil action, brought to recover damages for the alleged negligent killing of R. H. Pender. The issue of negligence was determined by the jury in favor of defendant. Plaintiff appealed. The facts are sufficiently stated in the opinion of the Court by Mr. Justice Brown.
1Opinion of the CourtBrown, J.
The evidence shows that plaintiff’s intestate was thrown from the footboard of defendant’s hose wagon on the night of 17 December, 1909, and killed, when going to a fire at a rapid rate. He fell from the wagon at the intersection of two of the principal streets in the center of the city, which had just been surveyed and paved in vitrified brick, with best materials, under the supervision of an expert engineer employed by the city for this purpose. The complaint alleges that the city was negligent in that it failed to properly construct and maintain its streets and permitted a depression in…
2Cases cited6 opinions
- Born v. City of SpokaneWashington Supreme Court · 1902
- Terrell v. City of WashingtonSupreme Court of North Carolina · 1912
- Schmidt v. City of FremontNebraska Supreme Court · 1903
- Moulter v. City of Grand RapidsMichigan Supreme Court · 1908
- Cresler v. Asheville.Supreme Court of North Carolina · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Dechant ex rel. Dechant v. City of HaysSupreme Court of Kansas · 1923
- Caron v. Grays Harbor CountyWashington Supreme Court · 1943
- Terrell v. . WashingtonSupreme Court of North Carolina · 1912
- Dayton v. . AshevilleSupreme Court of North Carolina · 1923
- Carter Ex Rel. Clap v. City of GreensboroSupreme Court of North Carolina · 1959
23 more not listed; retrieve them via the Exa API.