Scott v. Wilmington & Weldon Railroad
Supreme Court of North Carolina
Civil action, tried before Connor, Judge, arid a jury, at January Term, 1886, of New Hanover Superior Court. The action was brought to recover damages for an injury to the plaintiff, alleged to have been caused by the negligence of the defendant.
Read the full summary
Civil action, tried before Connor, Judge, arid a jury, at January Term, 1886, of New Hanover Superior Court. The action was brought to recover damages for an injury to the plaintiff, alleged to have been caused by the negligence of the defendant. The following diagram will be of assistance in elucidating; the matter: The defendant's train of cars, while hacking up on the track on Nutt street, in the city of Wilmington, came in contact with the horse and. dray driven by the plaintiff, then in the. act of crossing, whereby both his property and himself sustained serious injury, the redress for…
1Opinion of the Court
Smith, C. J.,
(after stating the facts). There a.re but three errors sufficiently assigned in the record requiring the exercise of our appellate jurisdiction, and these are the refusals to submit the proposed issue 'as to the defendant corporation’s agency in bringing about the disaster to the person, horse, and dray of the plaintiff; and to give the 12th instruction, as also to the modification in that next numbered.
I. The issue proposed and refused:
It is true, the inquiries into the defendant’s negligence, and that imputed to the plaintiff, contributing to the result, might have been…
2Cases cited2 opinions
- Kirk v. Atlanta & Charlotte Air-Line Railway Co.Supreme Court of North Carolina · 1886
- Cedar Falls Co. v. Wallace Bros.Supreme Court of North Carolina · 1880