Brown v. Town of Louisburg
Supreme Court of North Carolina
Otvtl AotioN for injury received through, alleged negligence of tire town in not keeping its sidewalk iñ safe condition, tried before Moore, J., at April Term, 1899, of FbaNK-xiN Superior Court. Ponton, one of defendants, made the excavation which caused the accident, and obtained a full release from liability by paying $75 to the plaintiff. The town claimed that it also was entitled to the benefit of the release. His Honor held otherwise. The town excepted.
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Otvtl AotioN for injury received through, alleged negligence of tire town in not keeping its sidewalk iñ safe condition, tried before Moore, J., at April Term, 1899, of FbaNK-xiN Superior Court. Ponton, one of defendants, made the excavation which caused the accident, and obtained a full release from liability by paying $75 to the plaintiff. The town claimed that it also was entitled to the benefit of the release. His Honor held otherwise. The town excepted. The jury rendered a. verdict for $400 less $75 against the town. Judgment accordingly; and the town appealed.
1Opinion of the CourtMontgomery, J.
This action was brought against the defendants to recover damages for personal injuries sustained by the plaintiff on account of the alleged negligence of the defendant. The defendant Ponton, in building a store within the limits of the town of Louisburg, made a deep' excavation abutting upon the sidewalk, and after the front wall of the building had been built up to the level of the sidewalk, there was still left a part of the excavation between the front wall .and the center of the sidewalk (extending into the sidewalk about two feet). The hole was about two feet in width at the top, but…
2Cases cited1 opinion
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