Kimberly v. Howland
Supreme Court of North Carolina
ActioN by T. M. Kimberly and. wife against E. S. How-land, beard by Judge ~W. B. Allen and a jury, at tbe June Term, 1906, of tbe Superior Court of Buncombe. Tbe plaintiffs brought two distinct actions for an injury to tbe feme plaintiff by reason of tbe negligence of tbe defendant in conducting certain blasting operations. Tbe busband sued for tbe loss of bis wife’s services.
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ActioN by T. M. Kimberly and. wife against E. S. How-land, beard by Judge ~W. B. Allen and a jury, at tbe June Term, 1906, of tbe Superior Court of Buncombe. Tbe plaintiffs brought two distinct actions for an injury to tbe feme plaintiff by reason of tbe negligence of tbe defendant in conducting certain blasting operations. Tbe busband sued for tbe loss of bis wife’s services. Tbe two actions were consolidated and tried together upon tbe following issues: 1. Was tbe defendant negligent, as alleged? Ans. Yes. 2. If so, was the plaintiff Janie Kimberly injured thereby ? Ans. Yes. 3. What…
1Opinion of the CourtBrowN, J.
The defendant excepted to the issues submitted by the Court and tendered the following: 1. Were the injuries alleged in the complaint the immediate, natural and necessary consequences of the alleged blasting? 2. Were the alleged injuries to the plaintiff such as might naturally and probably occur from the alleged negligence, and were they such as should have been in contemplation of the defendant with reasonable certainty? 3. Was the alleged physical injury the' natural and proximate result of the alleged fright?
The issues submitted by the Court presented every phase of the case and are such…
2Cases cited5 opinions
- Purcell v. St. Paul City Ry. Co.Supreme Court of Minnesota · 1892
- Blackwell v. Lynchburg & Durham RailroadSupreme Court of North Carolina · 1892
- Wilson v. Cotton Mills.Supreme Court of North Carolina · 1905
- Gates v. . LattaSupreme Court of North Carolina · 1895
- Wright v. Cotten.Supreme Court of North Carolina · 1905
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- Metro-North Commuter Railroad v. BuckleySupreme Court of the United States · 1997
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