Legal Opinion

Manly v. Wilmington & Weldon Railroad

Supreme Court of North Carolina

Decided January 5, 1876PublishedCited by 26 opinions

Civil AotioN, for damages, tried before Moore, ■!., at December (Special) Term, 1875, of Halifax Superior Court. The following are the facts agreed, and sent to this court as a part of the record, upon appeal.

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Civil AotioN, for damages, tried before Moore, ■!., at December (Special) Term, 1875, of Halifax Superior Court. The following are the facts agreed, and sent to this court as a part of the record, upon appeal. On the — day of June, 1875, the defendant’s regular train being somewhat behind time, was at about half-past three o’clock, P. M., running over the defendant’s railroad at the speed of twenty-five miles per hour, the schedule speed being fixed at twenty-two and one-lialf miles per hour, according to circumstances, and the usual speed being twenty-two and one-half miles per hour. As the…

1Opinion of the Court

RyNüm, J.

When the facts are found or admitted, what is negligence, is well settled in this State, to be a question of law for the court, whatever diversities of decision may prevail in some of the other States. The facts here are fully set forth in the case stated, and they are so strikingly like those in the case of Herring v. Wil. & Ral. R. R. Co , 10 Ired. 402, that it is sufficient to refer to that case, for a full discussion of the principles involved in this.’ The doctrine of contributory negligence, as affecting the right of the plaintiff to recove:-, as understood and enforced by the…

2Cases cited5 opinions

  1. Railroad Co. v. GladmonSupreme Court of the United States · 1873
  2. Murphy v. DeaneMassachusetts Supreme Judicial Court · 1869
  3. Morrison v. . Cornelius and OthersSupreme Court of North Carolina · 1869
  4. Chicago & Alton Railroad v. PondromIllinois Supreme Court · 1869
  5. Murphy v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1874

3Cited by26 opinions

  1. Deans v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
  2. Deans v. . R. R.Supreme Court of North Carolina · 1890
  3. Bottoms v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1894
  4. Fry v. Southern Public Utilities Co.Supreme Court of North Carolina · 1922
  5. Baker v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1909

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