Legal Opinion

Wilson v. Railroad

Supreme Court of North Carolina

Decided October 16, 1906PublishedCited by 32 opinions

ActioN by C. I). Wilson against the Atlantic Coast Line Railway Company, heard by Judge James L. Webb and a jury, at the May Term, 1906, of the Superior Court of New IIanovee. This was an action to recover damages for an injury received by the plaintiff at the crossing of the defendant’s tracks oyer Nutt Street in the city of Wilmington. The Court submitted the three issues relating to negligence, contributory negligence, and damage.

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ActioN by C. I). Wilson against the Atlantic Coast Line Railway Company, heard by Judge James L. Webb and a jury, at the May Term, 1906, of the Superior Court of New IIanovee. This was an action to recover damages for an injury received by the plaintiff at the crossing of the defendant’s tracks oyer Nutt Street in the city of Wilmington. The Court submitted the three issues relating to negligence, contributory negligence, and damage. The jury found the issues in favor of the plaintiff and assessed his damages. From the judgment rendered, the defendant appealed.

1Opinion of the Court

Bbown, I.

The plaintiff was walking on Nutt Street in the city of Wilmington, at a locality where many of defendant’s tracks cross it leading to the wharves on the Cape Pear River, when he was run into by a car and knocked down and injured. There are no exceptions to the introduction of evi*335dence, and the errors we are asked to review are confined to the charge of the Court.

The evidence is very conflicting as to how the injury was occasioned, as to speed of the moving car, as to whether it was an attempt to make a running switch, and as to the vigilance of the flagman and the other servants of…

2Cases cited16 opinions

  1. Milwaukee & St. Paul Railway Co. v. ArmsSupreme Court of the United States · 1876
  2. Edwards v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1901
  3. Edwards v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1903
  4. French v. Taunton Branch RailroadMassachusetts Supreme Judicial Court · 1875
  5. Tillett v. Lynchburg & Durham RailroadSupreme Court of North Carolina · 1894

11 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Johnson v. . R. R.Supreme Court of North Carolina · 1913
  2. Wagoner v. North Carolina RailroadSupreme Court of North Carolina · 1953
  3. Johnson v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1913
  4. Cox v. Hennis Freight LinesSupreme Court of North Carolina · 1952
  5. Farris v. Southern Railway Co.Supreme Court of North Carolina · 1909

27 more not listed; retrieve them via the Exa API.

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