Smith v. Norfolk & Southern Railroad
Supreme Court of North Carolina
Civil actioN, tried before Neal, J., and a jury, at February Term, 1907, of tbe Superior Court of CbaveN County, for injury caused by alleged negligence of the defendant in a collision between two boats on Neuse Eiver.
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Civil actioN, tried before Neal, J., and a jury, at February Term, 1907, of tbe Superior Court of CbaveN County, for injury caused by alleged negligence of the defendant in a collision between two boats on Neuse Eiver. Eliminating nautical terms and irrelevant matter, the plaintiff’s evidence makes the following case: The steamer “Neuse,” belonging to and controlled by the defendant company, on the morning of 25 August, 1905, while making her regular run up the Neuse Eiver to New Bern, encountered a fog near Otter Creek buoy. Her course was north-northwest; she was in sboal water. Her regular…
1Opinion of the Court
CoNNoe, J\,
after stating the case: As, in our opinion, the defendant was entitled to judgment of nonsuit upon the mo-' tion made at the close of the testimony, it is unnecessary to discuss or pass upon the exceptions to the instructions given, and the refusal to give others requested by defendant. The action being prosecuted in the State courts for alleged negligence, the rules obtaining in courts of admiralty in such cases do not apply. The rights and liabilities of the parties are to he ascertained by resorting to the principles which control in actions for alleged negligence wherein…
2Cases cited5 opinions
- The UmbriaSupreme Court of the United States · 1897
- Clark v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1891
- Pickett v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1895
- Parker v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1882
- Farmer v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1883
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- Intagliata v. Shipowners & Merchants Towboat Co.California Supreme Court · 1945
- In Re Pennsylvania R. Co.Court of Appeals for the Second Circuit · 1931
- Muteff v. Invacare Corp.Court of Appeals of North Carolina · 2012
- Strong v. Granite Furniture Co.Utah Supreme Court · 1930
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