Gauldin v. Town of Madison
Supreme Court of North Carolina
Civil actiou, tried before McElroy, J., and a jury, at November Term, 1919, of RocKINgham. This suit was brought to recover damages upon the allegation that the defendant had negligently caused the death of the plaintiff’s intestate by a defect in one of its streets, known as Water Street, at its junction with the bridge over the Dan River, the deceased having been thrown violently from the buggy in which she was riding, resulting in injuries to her person from which she…
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Civil actiou, tried before McElroy, J., and a jury, at November Term, 1919, of RocKINgham. This suit was brought to recover damages upon the allegation that the defendant had negligently caused the death of the plaintiff’s intestate by a defect in one of its streets, known as Water Street, at its junction with the bridge over the Dan River, the deceased having been thrown violently from the buggy in which she was riding, resulting in injuries to her person from which she died on 22 August, 1914. Defendant denied that it had been guilty of negligence, pleaded contributory negligence, and…
1Opinion of the Court
Walker, J.,
after stating the material facts as above: The-plaintiff contends that the affidavit of Mr. J. R. Joyce, filed by him, and upon which he based his motion to set aside the former judgment, was competent to prove the cause of action in the first suit in order to repel the bar of the statute, by showing the identity of the cause of action in this case with that in the former suit, and that the court erred in excluding it. We do not agree with the contention, and hold, to the contrary, that the court was right in its decision upon the question. No pleading was filed in the first…
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