Tudor v. . Bowen
Supreme Court of North Carolina
Appeal from Long, J., at February Term, 1910, of Foesyth. Tbe plaintiff alleged that bis team of borses were made to take frigbt and run away by reason of tbe negligent management and operation of an automobile by defendant upon tbe streets of "Winston-Salem, whereby plaintiff was damaged.
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Appeal from Long, J., at February Term, 1910, of Foesyth. Tbe plaintiff alleged that bis team of borses were made to take frigbt and run away by reason of tbe negligent management and operation of an automobile by defendant upon tbe streets of "Winston-Salem, whereby plaintiff was damaged. Upon tbe pleadings these issues were submitted: . 1. Was tbe plaintiff’s property injured by tbe negligence of tbe defendant, as alleged in tbe complaint? Answer: Yes. 2. Did tbe plaintiff, or bis agent, by bis own negligence, contribute to tbe injury to bis own property? Answer: No. 3. What damage, if any,…
1Opinion of the Court
Brown, J.,
after stating the case: No motion to nonsuit was made and no assignment of error challenges the sufficiency of the evidence upon the issue of negligence. So we have to con sider only tbe correctness of tbe portions of tbe charge excepted to in view of tbe evidence adduced on tbe trial.
In tbe brief tbe defendant abandons tbe first assignment of error and confines bis criticisms to tbe second and third paragraphs of tbe charge.
Tbe evidence introduced by tbe plaintiff tends to prove that tbe defendant was driving bis automobile on tbe streets of Winston-Salem and stopped it for…
2Cases cited5 opinions
- Railroad Co. v. JonesSupreme Court of the United States · 1877
- Cooke v. Baltimore Traction Co.Court of Appeals of Maryland · 1895
- Shinkle v. McCulloughCourt of Appeals of Kentucky · 1903
- Hannigan v. WrightSuperior Court of Delaware · 1905
- Long v. . WarlickSupreme Court of North Carolina · 1908
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- Weidner v. OtterCourt of Appeals of Kentucky · 1916
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