Baker v. Wilmington & Weldon R. R.
Supreme Court of North Carolina
Civil action, tried before Norwood, at April Term, 1895, of Brunswick Superior Court. Defendant appealed. The judgment appealed from is as follows : “ This cause coming on to be heard and issues having been submitted to the jury as follows: “First. Was the plaintiff injured by the negligence of the defendant or its agents? “Second. Was the engineer of the defendant at the time of the accident a fellow-servant with the plaintiff? “Third.
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Civil action, tried before Norwood, at April Term, 1895, of Brunswick Superior Court. Defendant appealed. The judgment appealed from is as follows : “ This cause coming on to be heard and issues having been submitted to the jury as follows: “First. Was the plaintiff injured by the negligence of the defendant or its agents? “Second. Was the engineer of the defendant at the time of the accident a fellow-servant with the plaintiff? “Third. Was the plaintiff guilty of negligence on his part which contributed to his injury? “ Fourth. What damages, if any, is the plaintiff entitled to recover ? ”…
1Opinion of the Court
Avery, J.:
Upon the findings of the jury that the plaintiff was “ injured by'the negligence of the defendants or their agents,” and that the plaintiff was “ guilty of negligence on his part, which contributed to his injury,” the court refused the motion of the defendant for judgment against the plaintiff for costs, and rendered judgment in favor of the latter for the amount of damages assessed by the jury and for costs. The appeal by the defendant raises the single question whether the judgment is erroneous.
Where nothing more appears from the verdict of the jury,- or by way of admissions in…
2Cases cited5 opinions
- Deans v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Clark v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1891
- Pickett v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1895
- Denmark v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1890
- Gunter v. . WickerSupreme Court of North Carolina · 1881
3Cited by20 opinions
- Redmon v. . R. R.Supreme Court of North Carolina · 1928
- Cook v. Southern Railway Co.Supreme Court of North Carolina · 1901
- Anniston National Bank v. School Committee of DurhamSupreme Court of North Carolina · 1897
- Presnell v. PayneSupreme Court of North Carolina · 1967
- Pettes v. JonesNew Mexico Supreme Court · 1937
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