Gerringer v. North Carolina Railroad
Supreme Court of North Carolina
Civil action to recover damages for the negligent killing of plaintiff’s intestate, tried before Justice, J., and a jury, at April Term, 1907, of GuilfoRd Superior Court.
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Civil action to recover damages for the negligent killing of plaintiff’s intestate, tried before Justice, J., and a jury, at April Term, 1907, of GuilfoRd Superior Court. The following issues were submitted: 1. Was the death of the plaintiff’s intestate caused by the negligence of the defendant’s lessee, as alleged in the complaint ? Answer:. “Yes.” 2. Was the plaintiff’s intestate guilty of contributory negligence, as alleged in the answer ? Answer: “No.” 3. AVhat damage, if any, is plaintiff entitled-to recover of the defendant ? Answer: “Eight thousand dollars.” Erom the judgment rendered…
1Opinion of the Court
(The rule upon the issue of damages in Mendenhall v. R. R., 123 N.C. 278, approved.)
2ConcurrenceClark, C. J.
The following issues were submitted:
1. Was the death of the plaintiff's intestate caused by the negligence of the defendant's lessee, as alleged in the complaint? Answer: "Yes."
2. Was the plaintiff's intestate guilty of contributory negligence, as alleged in the answer? Answer: "No."
3. What damage, if any, is plaintiff entitled to recover of the defendant? Answer: "Eight thousand dollars."
From the judgment rendered defendant appealed. At the conclusion of the argument of the learned counsel for the appellant,…
3Cases cited7 opinions
- Lloyd v. Albemarle & Raleigh R. R.Supreme Court of North Carolina · 1896
- Carter v. RailroadSupreme Court of North Carolina · 1905
- Stanley v. Durham & Northern RailroadSupreme Court of North Carolina · 1897
- Mendenhall v. North Carolina RailroadSupreme Court of North Carolina · 1898
- Watson v. Seaboard Air Line RailroadSupreme Court of North Carolina · 1903
2 more not listed; retrieve them via the Exa API.
4Cited by13 opinions
- Trull v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1909
- Carpenter v. Asheville Power & Light Co.Supreme Court of North Carolina · 1926
- Shepherd v. North Carolina RailroadSupreme Court of North Carolina · 1913
- Purnell v. Rockingham RailroadSupreme Court of North Carolina · 1925
- Embler v. . Lumber Co.Supreme Court of North Carolina · 1914
8 more not listed; retrieve them via the Exa API.