Wallace v. Tallahassee Power & Light Co.
Supreme Court of North Carolina
ActioN, tried before Webb, J., and a jury, at April Term, 1918, of CABARRUS. Tbe action was to recover damages for an injury arising from an alleged negligent derailment of a gasoline car, termed a speeder, operated at tbe time on defendant’s road at Baden, N. 0., and by wbicb an employee of defendant, being carried to bis work, was thrown forward on tbe track and run over and received painful, serious, and permanent physical injury.
Read the full summary
ActioN, tried before Webb, J., and a jury, at April Term, 1918, of CABARRUS. Tbe action was to recover damages for an injury arising from an alleged negligent derailment of a gasoline car, termed a speeder, operated at tbe time on defendant’s road at Baden, N. 0., and by wbicb an employee of defendant, being carried to bis work, was thrown forward on tbe track and run over and received painful, serious, and permanent physical injury. On denial of liability by defendant and pleas of contributory negligence and assumption of risk, tbe jury rendered a verdict for plaintiff: that he was injured…
1Opinion of the CourtHoke, J.
We have carefully considered the record and find no reason for disturbing the results of the trial. It is objected, first, that there is no evidence of negligence, as charged in the complaint, to wit, a derailment by reason of a defective car (1) in that it had an insufficient flange on the left hind wheel, or that same was broken and almost loose from the wheel; (2) that the hind axle was crooked. But apart from the presumption of defects arising by reason of the derailment, there are facts in evidence from the testimony of defendant’s own witness, J. I). Coggins, who was operating the car…
2Cases cited15 opinions
- Gila Valley, Globe & Northern Railway Co. v. HallSupreme Court of the United States · 1914
- Hicks v. . Manufacturing Co.Supreme Court of North Carolina · 1905
- Hemphill v. . Lumber Co.Supreme Court of North Carolina · 1906
- Tanner v. Lumber Co.Supreme Court of North Carolina · 1906
- Pressly v. Yarn Mills.Supreme Court of North Carolina · 1905
10 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Thompson v. Standard Oil Co.Supreme Court of North Carolina · 1919
- Battle v. . CleaveSupreme Court of North Carolina · 1919
- Howell Ex Rel. Parker v. Utility Manufacturing Co.Supreme Court of North Carolina · 1925