Horner v. . Williams
Supreme Court of North Carolina
Civil ACTION, originally commenced before a Justice of the Peace for the County of GraNville, to recover the value of plaintiff’s cow, killed on defendant’s road, and carried by appeal to the Superior Court, and tried before Shepherd, J., at Fall Term, 1887, of said Court.
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Civil ACTION, originally commenced before a Justice of the Peace for the County of GraNville, to recover the value of plaintiff’s cow, killed on defendant’s road, and carried by appeal to the Superior Court, and tried before Shepherd, J., at Fall Term, 1887, of said Court. It was admitted that the plaintiff’s cow was killed by defendant’s railroad a month before this action was brought: that the value of the cow was $50; that Granville is a stock-law county, and tliat defendant’s railroad is duly incorporated. The defendant denied the negligent killing and also alleged contributory…
1Opinion of the Court
Davis, J.,
(after stating the case). It is insisted by the defendant that the plaintiff was guilty of contributory negligence in putting his cow and other cattle in an enclosure, such as is described in the evidence, and allowing them to run loose and unguarded therein, with nothing to prevent them from crossing and recrossing the railroad track at will, and that the Court erred in the instructions given to the jury. Granville is a stock-law county, and the able and learned counsel for the defendant insists that it was a wrongful act on the part of the plaintiff to permit his cattle to run at…
2Cases cited2 opinions
- Roberts v. Richmond & Danville RailroadSupreme Court of North Carolina · 1883
- Farmer v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1883
3Cited by6 opinions
- Randall v. Richmond & Danville RailroadSupreme Court of North Carolina · 1889
- Malloy v. City of FayettevilleSupreme Court of North Carolina · 1898
- Winkler v. Carolina & North Western Railway Co.Supreme Court of North Carolina · 1900
- Bethea v. Raleigh & Augusta RailroadSupreme Court of North Carolina · 1890
- Bethea v. . R. R.Supreme Court of North Carolina · 1890
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