Allen v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Civil actioN to recover damages, for personal injuries, tried at November Term, 1906, of LeNoie Superior Court, before J ones, J., and a jury. Tbe Court submitted the following issues: 1. Was tbe plaintiff, William Allen, injured by tbe negligence of tbe defendant ? 2. Did tbe plaintiff, William Allen, contribute to bis injury by bis own negligence ? 3. Wbat amount, if any, has plaintiff been damaged % Tbe jury answered tbe first issue “Tes,” and tbe second issue “Yes.”
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Civil actioN to recover damages, for personal injuries, tried at November Term, 1906, of LeNoie Superior Court, before J ones, J., and a jury. Tbe Court submitted the following issues: 1. Was tbe plaintiff, William Allen, injured by tbe negligence of tbe defendant ? 2. Did tbe plaintiff, William Allen, contribute to bis injury by bis own negligence ? 3. Wbat amount, if any, has plaintiff been damaged % Tbe jury answered tbe first issue “Tes,” and tbe second issue “Yes.” From tbe judgment, that tbe defendant go without day, tbe plaintiff appealed.
1Opinion of the CourtBkowN, J.
Upon tbe trial tbe plaintiff tendered tbe issues submitted, and also another issue, as follows: “If tbe plaintiff contributed to his own injury, could tbe defendant have avoided tbe injury by due care V’ Tbe refusal of tbe Court to submit this issue is strongly pressed by plaintiff as error. Tbe contention of a plaintiff that, although be may be guilty of negligence, yet tbe defendant bad tbe last opportunity to prevent injury, can be presented under tbe issue of contributory negligence, as negligence, to bar recovery, must be shown to be tbe proximate cause. Baker v. Railroad, 118 N. C.,…
2Cases cited5 opinions
- Ramsbottom v. RailroadSupreme Court of North Carolina · 1905
- Wilson v. RailroadSupreme Court of North Carolina · 1906
- Baker v. Wilmington & Weldon R. R.Supreme Court of North Carolina · 1896
- Ellerbe v. Carolina Central R. R.Supreme Court of North Carolina · 1896
- Taylor v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
3Cited by8 opinions
- Johnson v. . R. R.Supreme Court of North Carolina · 1913
- Johnson v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1913
- Farris v. Southern Railway Co.Supreme Court of North Carolina · 1909
- Bordeaux v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1909
- Kenney v. Seaboabd Air Line Railway Co.Supreme Court of North Carolina · 1914
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