Overcash v. Charlotte Electric Railway Light & Power Co.
Supreme Court of North Carolina
Civil actioN, tried before W. E. Allen, J., and a jury, at January-Term, 1907, of tbe Superior Court of MecicleN-beeg County. Tbe plaintiff sues for tbe recovery of damages alleged to bave been sustained by reason of a derailment of defendant’s car while a passenger tbereon.
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Civil actioN, tried before W. E. Allen, J., and a jury, at January-Term, 1907, of tbe Superior Court of MecicleN-beeg County. Tbe plaintiff sues for tbe recovery of damages alleged to bave been sustained by reason of a derailment of defendant’s car while a passenger tbereon. ITe alleges tbat tbe derailment was caused by defendant’s negligence, in tbat tbe car was overloaded with passengers, was running at an unlawful rate of speed, tbe track, tbe car, and its appliances were in defective condition, and tbat it was negligently operated; tbat one or more of these several conditions were tbe…
1Opinion of the Court
Connor, J.,
after stating the case: The first five exceptions are directed to the exclusion of testimony offered to show that other cars, at other times, ran off the track at the same place. The plaintiff alleged that there was a “dip,” or depression, in the track at the place of the derailment. The witness Coleman was asked whether he had ever seen other cars run off at the same place, running at about the same rate of speed. In answer to questions asked by the Court, he said that he did not know how long the depression had been there, or whether it was there when other cars ran off. Several…
2Cases cited17 opinions
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- Stewart v. Carpet Co.Supreme Court of North Carolina · 1905
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3Cited by22 opinions
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- S. v. . WilkersonSupreme Court of North Carolina · 1913
- State v. WilkersonSupreme Court of North Carolina · 1913
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