Grant v. Raleigh & Gaston Railroad
Supreme Court of North Carolina
ActioN tried before Womack, J., at March Term, 1890, of Halifax Superior Court. The _ plaintiff brought this action to receiver damages alleged to have been occasioned by the negligence of defendant, in that while he was in the regular discharge of his duty as mail agent in one of the cars attached to and forming part of one of defendant’s regular passenger and mail trains, in motion, the same was throwp violently from the track, and he sustained serious physical injuries.
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ActioN tried before Womack, J., at March Term, 1890, of Halifax Superior Court. The _ plaintiff brought this action to receiver damages alleged to have been occasioned by the negligence of defendant, in that while he was in the regular discharge of his duty as mail agent in one of the cars attached to and forming part of one of defendant’s regular passenger and mail trains, in motion, the same was throwp violently from the track, and he sustained serious physical injuries. The defendant denied the material allegations of the complaint, and the following issues were submitted to the jury: . 1.…
1Opinion of the Court
MekrÍMOn, C. J.:
As to the first exception, if it be granted that the Court should have allowed the question to be answered, it appears that another witness of the defendant upon cross-examination was afterwards allowed to testify that an accident, subsequent to that alleged in the complaint, had happened, and the counsel for the plaintiff said this was the one he desired the first witness to give evidence of. It was not questioned by the defendant that such second accident did occur, and hence the plaintiff had the benefit of the evidence in as full measure, in every aspect of the case, as if…
2Cases cited5 opinions
- Aycock v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1883
- Doggett v. Richmond & Danville RailroadSupreme Court of North Carolina · 1878
- Moore v. . ParkerSupreme Court of North Carolina · 1884
- Lawrence v. GreenCalifornia Supreme Court · 1886
- Sellars v. Richmond & Danville RailroadSupreme Court of North Carolina · 1886
3Cited by11 opinions
- Hemphill v. . Lumber Co.Supreme Court of North Carolina · 1906
- Klebe v. Parker Distilling Co.Supreme Court of Missouri · 1907
- Barker v. Chicago, Peoria & St. Louis Railway Co.Illinois Supreme Court · 1909
- Stewart v. RailroadSupreme Court of North Carolina · 1905
- Skipper v. Kingsdale Lumber Co.Supreme Court of North Carolina · 1912
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