Foy v. City of Winston
Supreme Court of North Carolina
Civil AotioN for damages for personal injury suffered by tbe plaintiff, a blind man, from falling into a diteb across a sidewalk in Winston, tried before Shaw, J., at November Term, 1899, of the Superior Court of EoRsyth County. There were three issues submitted: (1) As to negligence of defendant. (S') As to contributary negligence of plaintiff. (3) As to damages.
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Civil AotioN for damages for personal injury suffered by tbe plaintiff, a blind man, from falling into a diteb across a sidewalk in Winston, tried before Shaw, J., at November Term, 1899, of the Superior Court of EoRsyth County. There were three issues submitted: (1) As to negligence of defendant. (S') As to contributary negligence of plaintiff. (3) As to damages. The jury responded “Yes,”' to the first; “No',” to' the second, and assessed plaintiff’s damages at $225. Judgment accordingly. Appeal by defendant. The evidence, charge of the court, and exceptions by defendant are all stated in…
1Opinion of the CourtMontgomery, J.
The city of Winston owns its waterworks, and supplies its inhabitants with waiter at established rates. There is an ordinance of the town which requires all connections with the water-mains to.be made by licensed plumbers, and under a permit from the city engineer, who is also the superintendent of the waterworks (but such a permit was not required at the time of the injury complained of by the plaintiff), to make repairs to the pipes leading from the mains to the buildings, or to change old for new pipes.
In June, 1897, W. E. Beck, a plumber, ivas employed by J. Jacobs to replace old pipes…
2Cases cited1 opinion
- Smith v. WildesMassachusetts Supreme Judicial Court · 1887
3Cited by11 opinions
- Fann v. . R. R.Supreme Court of North Carolina · 1911
- Bailey v. City of WinstonSupreme Court of North Carolina · 1911
- Bailey v. . WinstonSupreme Court of North Carolina · 1911
- Hoyle v. City of HickorySupreme Court of North Carolina · 1914
- Hill v. City of GlenwoodSupreme Court of Iowa · 1904
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