Sasser v. Hales-Bryant Lumber Co.
Supreme Court of North Carolina
Appeal by plaintiff from Lyon, J., at September Term, 1913, of CUMBERLAND. Civil action tried upon these issues, viz.: 1. Was the plaintiff injured by the negligence of defendants, as alleged? Answer: Yes. 2. Did the plaintiff, by his own negligence, contribute to his injury? Answer: Yes. 3. Did the plaintiff voluntarily assume the risks and dangers incident to and attendant upon the operation of the edger? Answer: No. 4. What damages, if any, is plaintiff entitled to…
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Appeal by plaintiff from Lyon, J., at September Term, 1913, of CUMBERLAND. Civil action tried upon these issues, viz.: 1. Was the plaintiff injured by the negligence of defendants, as alleged? Answer: Yes. 2. Did the plaintiff, by his own negligence, contribute to his injury? Answer: Yes. 3. Did the plaintiff voluntarily assume the risks and dangers incident to and attendant upon the operation of the edger? Answer: No. 4. What damages, if any, is plaintiff entitled to recover? Answer: $1,500. Upon the return of the verdict, under a consent order, it went over to the October Term, 1913, of the…
1Opinion of the CourtBrown, J.
It is settled by tbe decisions of this Court that, in an action of this character, where the jury find that the plaintiff was injured by the negligence of the defendant, and further find that the plaintiff by his own negligence contributed to his injury, and then assess damages, the plaintiff is not entitled to recover, and the defendant is entitled to judgment upon the issues.
The force and effect of the establishing of contributory negligence upon the part of the plaintiff is only obviated by the further finding under a third issue-that the defendant by the exercise of ordinary care could…
2Cases cited2 opinions
- Harvell v. Weldon Lumber Co.Supreme Court of North Carolina · 1911
- Pigford v. Norfolk Southern RailroadSupreme Court of North Carolina · 1912
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- Crane v. . CarswellSupreme Court of North Carolina · 1932
- McKoy v. . CravenSupreme Court of North Carolina · 1930
- Oates v. . HerrinSupreme Court of North Carolina · 1929
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