Legal Opinion

Brewster v. Elizabeth City.

Supreme Court of North Carolina

Decided February 21, 1905PublishedCited by 47 opinions

Action by Matilda Brewster against Elizabeth City, heard by Judge E. B. Jones and a jury, at the September Term of the Superior Court of PasquotaNK County. From a judgment for the defendant, the plaintiff appealed.

1Opinion of the CourtBrown, J.

The plaintiff sued the defendant to recover damages for an injury alleged to have been sustained in crossing a bridge wbicb was out of repair, and which constituted a part of a public street of the defendant. Among other defenses, contributory negligence is pleaded, and all of the plaintiff’s exceptions relate to the charge of the Court upon that issue. The evidence was in substance as follows:

The plaintiff lives in Danielson, Conn., and is seventy-two years of age. While in the defendant town on a visit she was walking along Cypress street on the 22d of April, 1903, with two other ladies,…

2Cases cited4 opinions

  1. Schwartz v. ShullWest Virginia Supreme Court · 1898
  2. City Council of Augusta v. HudsonSupreme Court of Georgia · 1894
  3. Graves v. Railroad Co.Supreme Court of North Carolina · 1904
  4. Sheldon v. City of AshevilleSupreme Court of North Carolina · 1896

3Cited by47 opinions

  1. Ramsbottom v. . RailroadSupreme Court of North Carolina · 1905
  2. Hanes v. ShapiroSupreme Court of North Carolina · 1915
  3. McNeill v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1914
  4. Adams Ex Rel. Adams v. State Board of EducationSupreme Court of North Carolina · 1958
  5. Henderson v. HendersonSupreme Court of North Carolina · 1954

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