Tyson v. Eastern Carolina Railway Co.
Supreme Court of North Carolina
Appeal by defendant from Daniels, J., at February Term, 1914, of GrEEENE. Civil action, tried upon these issues: 1. Was tbe plaintiff’s intestate injured by reason of tbe negligence of tbe defendant ? Answer: Tes. 2. Did tbe plaintiff’s intestate by bis own negligence contribute to bis own injury and death? Answer: Yes. 3. Notwithstanding the negligence of the plaintiff’s intestate, could the defendant by the exercise of reasonable care have avoided the injury to the…
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Appeal by defendant from Daniels, J., at February Term, 1914, of GrEEENE. Civil action, tried upon these issues: 1. Was tbe plaintiff’s intestate injured by reason of tbe negligence of tbe defendant ? Answer: Tes. 2. Did tbe plaintiff’s intestate by bis own negligence contribute to bis own injury and death? Answer: Yes. 3. Notwithstanding the negligence of the plaintiff’s intestate, could the defendant by the exercise of reasonable care have avoided the injury to the plaintiff’s intestate? Answer: Tes. 4. What damage, if any, is the plaintiff entitled to recover of the defendant ? Answer:…
1Opinion of the CourtBeowN, J.
The defendant in apt time moved to nonsuit, which motion was overruled. This brings up for review the sufficiency of the evidence. It is well settled that it must be construed and accepted in the light most favorable for the plaintiff. The testimony tends to prove that the intestate of the plaintiff was killed by the defendant’s train on its track on 7 August, 1911; that at the time he was 57 years old, in good health, and that his capacity and ability for work was good; there were four members of his family, whom he helped to support, and he had an earning capacity of $300 to $400 per year.
Th…
2Cited by2 opinions
- Jenkins v. Southern Railway Co.Supreme Court of North Carolina · 1929
- Smith v. . R. R.Supreme Court of North Carolina · 1913