Lea v. Southern Public Utilities Co.
Supreme Court of North Carolina
Civil ACTION, tried before Adams, J., at April Term, 1919, of Meck-LENBURGr. Tbis is the third time we have had this case before us.
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Civil ACTION, tried before Adams, J., at April Term, 1919, of Meck-LENBURGr. Tbis is the third time we have had this case before us. It is reported in 175 N. C., p. 459, and 176 N. 0., p. 811. The facts are substantially stated in the first appeal, reported in 175 N. 0., 459. The error assigned in this appeal is like that, for which we gave a new trial in the second appeal, though it was at the last trial an error against the plaintiff instead of against the defendant in the second appeal. The issues are alike in all the appeals. The principal errors assigned in this record are those taken to…
1Opinion of the Court
'Waiicbe, J.,
after stating tbe facts: Tbe burden was upon the plaintiff to satisfy tbe jury upon tbe first issue that tbe defendant was negligent, and that its negligence was the proximate cause of tbe injury to him. This was bis only burden. "When be bad established tbe defendant’s negligence as the proximate cause of bis injuries, tbe burden then shifted to the defendant, and it was required to prove, under tbe second issue, tbe plaintiff’s contributory negligence. When it has done that, the burden again shifts, but this time to tbe plaintiff, and be must show that under tbe third issue,…
2Cases cited15 opinions
- Cox v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1898
- Edwards v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1903
- Williams v. . HaidSupreme Court of North Carolina · 1896
- Fulp v. Roanoke & Southern RailroadSupreme Court of North Carolina · 1897
- Hardy v. . Lumber Co.Supreme Court of North Carolina · 1912
10 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Gustafson v. Northern Pacific Railway CompanyMontana Supreme Court · 1960
- Hudson v. Norfolk Southern RailroadSupreme Court of North Carolina · 1925
- Norman v. . R. R.Supreme Court of North Carolina · 1914
- Buckner v. . R. R.Supreme Court of North Carolina · 1927
- Rigsbee v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1925
7 more not listed; retrieve them via the Exa API.