Lea v. Southern Public Utilities Co.
Supreme Court of North Carolina
Civil actioN, tried before Webb, J., and a jury at October Term, 1917, of MeckleNbuRG. Tbis is an appeal by tbe defendants from a judgment rendered against them in the plaintiff’s favor at the October Term, 1917, of the Superior Court of Mecklenburg County.
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Civil actioN, tried before Webb, J., and a jury at October Term, 1917, of MeckleNbuRG. Tbis is an appeal by tbe defendants from a judgment rendered against them in the plaintiff’s favor at the October Term, 1917, of the Superior Court of Mecklenburg County. The action arose out of a collision between one of the defendant’s street cars and the plaintiff’s buggy, upon North Tryon Street, in the city of Charlotte, and was submitted to the-jury upon issues which, with the answers thereto, were as follows: 1. Was the plaintiff injured by the negligence of the defendants, as-alleged in the…
1Opinion of the Court
’WaukeR, J.,
after stating the case: We are of the opinion that the two instructions given to the jury, and to which exceptions were taken, are erroneous — not so much because of what was said, but because of what was omitted. Generally speaking, negligence is the absence of *463that care wbicb under the circumstances should be exercised, gauged by the rule of the ordinarily prudent man. The court charged, in effect, and in the first of the instructions, that it was the absolute duty of the motorman “to reverse his car and stop béfore he struck the vehicle,” and in the other that it was his duty…
2Cases cited11 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Insurance Co. v. RailroadSupreme Court of North Carolina · 1905
- Brewster v. Elizabeth City.Supreme Court of North Carolina · 1905
- McNeill v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1914
- Henderson v. Durham Traction Co.Supreme Court of North Carolina · 1903
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3Cited by6 opinions
- Price v. GraySupreme Court of North Carolina · 1957
- Campbell v. . LaundrySupreme Court of North Carolina · 1925
- Campbell v. Model Steam LaundrySupreme Court of North Carolina · 1925
- Poplin v. . AdickesSupreme Court of North Carolina · 1932
- Lancaster v. B. & H. Coach Line, Inc.Supreme Court of North Carolina · 1929
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