Legal Opinion

Mayes v. Southern Railway Co.

Supreme Court of North Carolina

Decided September 5, 1896PublishedCited by 17 opinions

This was a civil actioN, tried at October Term, 1896, of the Superior Court of MeoKleNbueg County, before Brown, The issues submitted to the jury and the responses were as follows : “1. Was the plaintiff injured by the negligence of the defendant ? “ Answer, ‘ Yes.’ " 2. Did the plaintiff by his own negligence contribute to his injury % “ Answer, ‘ No.’ “ 3. Wliat damages, if any, is plaintiff entitled to recover ? “ Answer, ‘ $650.’ D. H. Mayes, plaintiff, being duly sworn,…

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This was a civil actioN, tried at October Term, 1896, of the Superior Court of MeoKleNbueg County, before Brown, The issues submitted to the jury and the responses were as follows : “1. Was the plaintiff injured by the negligence of the defendant ? “ Answer, ‘ Yes.’ " 2. Did the plaintiff by his own negligence contribute to his injury % “ Answer, ‘ No.’ “ 3. Wliat damages, if any, is plaintiff entitled to recover ? “ Answer, ‘ $650.’ D. H. Mayes, plaintiff, being duly sworn, said: “ I am the plaintiff in this case, and I think the accident occurred the 29th day of May, 1895, about 11:30 at…

1Opinion of the Court

ClarK, J.:

The exception to the charge, and the first three exceptions for refusal to charge, present substantially the same proposition — that, though the plaintiff looked and listened, and did not see nor hear the approaching train, yet, if he might have done so, it is contributory negligence. If by this it was proposed to ask the court to charge that the plaintiff was not excused if he looked and listened carelessly and negligently, this should have been pointedly and plainly asked. Besides, it was covered substantially by the charge given, that “ it was the duty of the plaintiff to use…

2Cases cited3 opinions

  1. Russell v. Carolina Central R. R.Supreme Court of North Carolina · 1896
  2. Pickett v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1895
  3. Hinkle v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891

3Cited by17 opinions

  1. Cooper v. RailroadSupreme Court of North Carolina · 1905
  2. Edwards v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1903
  3. Mesic v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1897
  4. Shepherd v. North Carolina RailroadSupreme Court of North Carolina · 1913
  5. Gerringer v. North Carolina RailroadSupreme Court of North Carolina · 1907

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