West Construction Co. v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal by plaintiff from Ferguson, J., at March Special Term, 1922, of Lenoir. Civil action to recover damages for an alleged negligent injury to plaintiff’s truck, caused by collision with defendant’s train. From a verdict and judgment in favor of defendant, the plaintiff appealed.
1Opinion of the Court
Stacy, 3”.
The sole question presented on this appeal is the correctness of the court’s charge on the issue of contributory negligence. The jury answered the issue of negligence in favor of the plaintiff, and the issue of contributory negligence in favor of the defendant. It is agreed that the evidence of the plaintiff and that of the defendant was sufficient to warrant the jury in answering both issues 'as they did. ■
That portion of tbe charge which forms the basis of plaintiff’s exceptions is as follows: “If yon answer the first issue ‘Yes,’ you will then consider the second issue; the…
2Cases cited3 opinions
- Johnson v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1913
- Moore v. Chicago Bridge & Iron WorksSupreme Court of North Carolina · 1922
- Smith v. Norfolk & Southern RailroadSupreme Court of North Carolina · 1907
3Cited by50 opinions
- Ballinger v. . ThomasSupreme Court of North Carolina · 1928
- Godwin v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1941
- Herman v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1929
- Beck v. HooksSupreme Court of North Carolina · 1940
- Beck v. . HooksSupreme Court of North Carolina · 1940
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