Monroe v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal from W. J. Adams, J., April Term, 1909, of Cumbeb-LAND. Tbe plaintiff sued to recover damages for personal injuries received by tbe feme plaintiff, O. B. Monroe, under tbe following circumstances: On Sunday nigbt, 14 June, 1903, tbe plaintiff was returning to ber borne from service at the Presbyterian Church, and, while walking through a vacant lot of tbe defendant, in tbe town of Fayetteville, fell into a pit and was severely and permanently injured, breaking her leg…
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Appeal from W. J. Adams, J., April Term, 1909, of Cumbeb-LAND. Tbe plaintiff sued to recover damages for personal injuries received by tbe feme plaintiff, O. B. Monroe, under tbe following circumstances: On Sunday nigbt, 14 June, 1903, tbe plaintiff was returning to ber borne from service at the Presbyterian Church, and, while walking through a vacant lot of tbe defendant, in tbe town of Fayetteville, fell into a pit and was severely and permanently injured, breaking her leg and some of ber ribs, and otherwise injuring ber. Tbe path along which she was walking was about eight feet wide and…
1Opinion of the Court
MANNING, J\,
after stating the case: The conclusion reached by us, after a most careful consideration of this case, is that the motion of the defendant to nonsuit the plaintiff, at the close of the evidence, ought to have been allowed, and in refusing it his Honor was in error. The principle controlling the decision of this uase, and the doctrine generally accepted by the American and English courts, is stated with great clearness and precision by Chief Justice Bigelow in Sweeney v. Railroad, 10 Allen, 368; 87 Am. Dec., 644, as follows: “There can be no fault or negligence or breach of duty…
2Cases cited18 opinions
- Beck v. . CarterNew York Court of Appeals · 1877
- Reardon v. ThompsonMassachusetts Supreme Judicial Court · 1889
- Evansville & Terre Haute Railroad v. GriffinIndiana Supreme Court · 1885
- Pittsburgh, Fort Wayne & Chicago Railway Co. v. BinghamOhio Supreme Court · 1876
- Bunch v. Town of EdentonSupreme Court of North Carolina · 1884
13 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Brigman v. . Construction Co.Supreme Court of North Carolina · 1926
- Brigman v. Fiske-Carter Construction Co.Supreme Court of North Carolina · 1926
- Jones v. BlandSupreme Court of North Carolina · 1921
- Jones v. Southern Railway Co.Supreme Court of North Carolina · 1930
- Jones v. . BlandSupreme Court of North Carolina · 1921
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