Davis v. . Traction Co.
Supreme Court of North Carolina
ActioN by J. N. Davis against Durham Traction Co., beard by Judge T. J. Shaio and a jury, at the October Term, 1905, of the Superior Court of Durham. Plaintiff sues to recover damages for injuries sustained by reason of alleged negligence on part of defendant’s agents in managing its electric railway cars on the public streets of the city of Durham.
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ActioN by J. N. Davis against Durham Traction Co., beard by Judge T. J. Shaio and a jury, at the October Term, 1905, of the Superior Court of Durham. Plaintiff sues to recover damages for injuries sustained by reason of alleged negligence on part of defendant’s agents in managing its electric railway cars on the public streets of the city of Durham. Defendant denies that its agents were negligent and for further defense alleges that plaintiff, by his own negligence, contributed to his injury, etc. Usual and appropriate issues were submitted to the jury. Plaintiff testified, that on the day of…
1Opinion of the Court
Connor, J.,
after stating the case: His Honor could not, upon the entire evidence, have properly given the first instruction asked. The testimony upon which defendant relied to sustain the defense of contributory negligence was conflicting and certainly, upon any hypothesis, different inferences may have been drawn. The instruction prayed, which was substantially a demurrer to the entire evidence, presupposes that in the view most favorable to the plaintiff, contributory negligence was established as a conclusion of law. The exception to the refusal to so instruct the jury was not pressed in…
2Cases cited2 opinions
- Edwards v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1901
- Moore v. Charlotte Electric Street Railway Co.Supreme Court of North Carolina · 1901
3Cited by10 opinions
- Bain v. Fort Smith Light & Traction Co.Supreme Court of Arkansas · 1915
- First Carolinas Joint S.L. Bk. of Cola. v. FordSupreme Court of South Carolina · 1935
- Norman v. . R. R.Supreme Court of North Carolina · 1914
- Norman v. Charlotte Electric Railway Co.Supreme Court of North Carolina · 1914
- Lea v. Southern Public Utilities Co.Supreme Court of North Carolina · 1918
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