Rigler v. Charlotte, Columbia & Augusta Railroad
Supreme Court of North Carolina
Civil action, tried before Shipp, Judge, and a jury, at Fall Term, 1885, of MECKLENBURG Superior Court. The plaintiff alleged in his complaint, that in crossing the railroad of the defendant, near the city of Charlotte, in a wagon drawn by one horse, and when he had reached, and just passed the road, being retarded' by an unforseen and unavoidable accident, the defendant carelessly and negligently caused one of its locomotives, with one or more.cars attached, to approach and…
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Civil action, tried before Shipp, Judge, and a jury, at Fall Term, 1885, of MECKLENBURG Superior Court. The plaintiff alleged in his complaint, that in crossing the railroad of the defendant, near the city of Charlotte, in a wagon drawn by one horse, and when he had reached, and just passed the road, being retarded' by an unforseen and unavoidable accident, the defendant carelessly and negligently caused one of its locomotives, with one or more.cars attached, to approach and pass rapidly over the said crossing, at great speed, and by reason of said negligence, the locomotive and train ran…
1Opinion of the Court
Ashe, J.,
(after stating the facts). The plaintiff contended that it was through the negligence of the defendant Company that he sustained the injury complained of, and the defendant, on the other hand, insists that no negligence is to be imputed to it, and if the plaintiff’s property was injured, as alleged in his complaint, it was caused by his contributory negligence, in attempting to cross the road when he saw the car approaching.
The question of primary importance in the case is, did the plaintiff’s negligence contribute to the injury of which he complains? If it did, then the great weight…
2Cases cited4 opinions
- Parker v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1882
- Wilson v. Norfolk & Southern RailroadSupreme Court of North Carolina · 1884
- Manly v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1876
- Bagott v. MullenIndiana Supreme Court · 1869
3Cited by12 opinions
- Godwin v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1941
- Redmon v. . R. R.Supreme Court of North Carolina · 1928
- Eller v. North Carolina RailroadSupreme Court of North Carolina · 1931
- Royster v. Southern Railway Co.Supreme Court of North Carolina · 1908
- McAdoo v. Richmond & Danville RailroadSupreme Court of North Carolina · 1890
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