Legal Opinion

Mendenhall v. North Carolina Railroad

Supreme Court of North Carolina

Decided November 22, 1898PublishedCited by 24 opinions

Civil action for damages for injuries to plaintiff’s intestate resulting in his death, and for destruction of his property, caused by a collision with defendant’s train; tried before Allen, J., at Eall Term, 1898, of the Superior Court of Davidson County.

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Civil action for damages for injuries to plaintiff’s intestate resulting in his death, and for destruction of his property, caused by a collision with defendant’s train; tried before Allen, J., at Eall Term, 1898, of the Superior Court of Davidson County. The issues were as follows: 1. Was the plaintiff’s intestate’s horse killed by the negligence of defendant’s lessee? Answer: Yes. 2. Was the death of plaintiff’s intestate and the injury to his wagon and harness, caused by the negligence of defendant’s lessee, as alleged? Answer: Yes. 3. Did the plaintiff’s intestate, by his negligence,…

1Opinion of the Court

Montgomery, J.:

The intestate of the plaintiff was so badly injured on the railroad track of the defendant company in a collision with its engine that he died a few hoars after he received the injury, and this is an action brought by the administrator to recover damages on the allegation that they were caused by the death of the intestate, and that his injury and death were caused by the negligence of the defendant. The defendant made numerous exceptions to the charge of the Court below, but argued none of them in this Court, nor are they alluded to in the brief filed in the case. We have,…

2Cited by24 opinions

  1. Coach Co. v. . LeeSupreme Court of North Carolina · 1940
  2. Bryant v. WoodliefSupreme Court of North Carolina · 1960
  3. Carpenter v. Asheville Power & Light Co.Supreme Court of North Carolina · 1926
  4. Queen City Coach Co. v. LeeSupreme Court of North Carolina · 1940
  5. Ward v. North Carolina RailroadSupreme Court of North Carolina · 1912

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