Brinkley v. Wilmington & Weldon Railroad
Supreme Court of North Carolina
ActioN FOR Damages for negligently killing a horse, tried before StarbuckJ., at Pall Term, 1899, of the Superior Court of Washington County. At tlie conclusion of plaintiff’s evidence tbs defendant moved for judgment of nonsuit, under Act of 1897. Motion overruled, defendant excepted. The defendant requested the Court to charge the jury that from all the evidence, defendant was not guilty of negligence. Eefused. Exception.
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ActioN FOR Damages for negligently killing a horse, tried before StarbuckJ., at Pall Term, 1899, of the Superior Court of Washington County. At tlie conclusion of plaintiff’s evidence tbs defendant moved for judgment of nonsuit, under Act of 1897. Motion overruled, defendant excepted. The defendant requested the Court to charge the jury that from all the evidence, defendant was not guilty of negligence. Eefused. Exception. The jury found that the defendant was guilty of negligence and assessed the plaintiff’s damages at $35. Judgment accordingly. Appeal by defendant. The evidence, and charge…
1Opinion of the CourtDouglas, J.
This is a civil action for damages on account of the alleged negligent killing of the plaintiff’s horse. The following is the evidence for the plaintiff as taken from the record:
Abner Sawyer, for the plaintiff, testified:
“I was in plaintiff’s field through which the railroad runs on the day and at the time the horse was killed, and saw the horse and the train; between 12 and 1 o’clock p. m.; it was the freight train coming into town; train was behind time— was due at noon. The horse was on the track which was through the field, and was 100 yards ahead of the train when T first saw it. My…
2Cases cited8 opinions
- Spruill v. Northwestern Mutual Life InsuranceSupreme Court of North Carolina · 1897
- Cox v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1898
- McLamb v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1898
- Powell v. Southern Railway Co.Supreme Court of North Carolina · 1899
- Snowden v. Norfolk Southern RailroadSupreme Court of North Carolina · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Bundy v. . PowellSupreme Court of North Carolina · 1949
- Ketterman v. Dry Fork Railroad Co.West Virginia Supreme Court · 1900
- Coley v. North Carolina RailroadSupreme Court of North Carolina · 1901
- State v. ScottSupreme Court of North Carolina · 1921
- State v. . ScottSupreme Court of North Carolina · 1921
8 more not listed; retrieve them via the Exa API.