Norton v. North Carolina Railroad
Supreme Court of North Carolina
Civil action for damages for personal injuries to plaintiff, tried before Allen, J., anda jury at March Term, 1897, of Durham Superior Court. There was a verdict for the plaintiff who was awarded $20,000 as damages and from the judgment thereon defendant appealed. The defendant company is and was at the time of the injury to the plaintiff, leased to and operated by the Southern Railway Company.
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Civil action for damages for personal injuries to plaintiff, tried before Allen, J., anda jury at March Term, 1897, of Durham Superior Court. There was a verdict for the plaintiff who was awarded $20,000 as damages and from the judgment thereon defendant appealed. The defendant company is and was at the time of the injury to the plaintiff, leased to and operated by the Southern Railway Company. The facts necessary to an understanding of the opinion, the instructions asked for and given or refused, the exceptions noted on the trial and his Honor’s charge in full, are all set out in the opinion…
1Opinion of the Court
Douglas, J.:
This is an action to «recover damages for injuries received by the plaintiff through the negligence of the defendant’s lessee, the Southern Railway Company. The plaintiff alleged that through such negligence he was injured in attempting to cross the track of the defendant on Dillard street in the town of Durham on the 2nd day of May, 1896. The defendant answering denied any negligence of itself or its lessee, and alleged that the plaintiff was injured by his own negligence, and that, if there was any negligence on the part of its lessee, the plaintiff contributed to his injury by…
2Cases cited29 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
- Texas & Pacific Railway Co. v. GentrySupreme Court of the United States · 1896
- Aycock v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1883
- Baltimore & Ohio Railroad v. GriffithSupreme Court of the United States · 1895
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- Rolin v. . Tobacco Co.Supreme Court of North Carolina · 1906
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