Bagwell v. Southern Railway Co.
Supreme Court of North Carolina
Appeal by plaintiff from Adams, J., at May Term, 1914, of Meck:-LENBURG. This is an action to recover damages for personal injury, caused, as the •plaintiff alleges, by the negligence of the defendant. . The injury occurred at a public railroad crossing by a collision between the train of tbe defendant and an automobile which was owned and driven by Mr. J amison and in which the plaintiff was a guest.
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Appeal by plaintiff from Adams, J., at May Term, 1914, of Meck:-LENBURG. This is an action to recover damages for personal injury, caused, as the •plaintiff alleges, by the negligence of the defendant. . The injury occurred at a public railroad crossing by a collision between the train of tbe defendant and an automobile which was owned and driven by Mr. J amison and in which the plaintiff was a guest. The plaintiff offered evidence tending to prove that the defendant failed to give notice of the approach of the train to the crossing, and also, if it did give notice, that by the exercise of…
1Opinion of the CourtAllen, J.
No authority .is cited in the brief of counsel for appellant, for the reason that there is very little difference of opinion as to the principles of law controlling the trial of the case, the real controversy being as to the correct application of those principles, and whether his Honor gave the instructions to which the plaintiff was entitled.
The first impression is that he did not do so, and that he gave undue prominence to the negligence of Mr. Jamison, the driver of the automobile in which the plaintiff was a„guest at the time of her injury, and that the jury might infer that he intended…
2Cases cited3 opinions
- Edwards v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1903
- Crampton v. Ivie Bros.Supreme Court of North Carolina · 1900
- Cooper v. Seaboard Air Line RailroadSupreme Court of North Carolina · 1913
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- Goff v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1920
- Evans v. Shea Bros. ConstructionSupreme Court of North Carolina · 1927
- Sample v. . SpencerSupreme Court of North Carolina · 1943
- Harvell Ex Rel. Harvell v. City of WilmingtonSupreme Court of North Carolina · 1939
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