Burns v. Ashboro & Montgomery Railroad
Supreme Court of North Carolina
Givxu Actiost for tbe negligent killing of J. M. Burns, fireman on defendant’s train, tried before RobinsonJ., at July Term, 1899, of BaNdolph Superior Court. Tbe complaint charged negligence; the answer denied negligence, and pleaded contributory negligence on part of plaintiff. Issues. 1. Was the death of the intestate caused by the negligence of defendant? Answer.
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Givxu Actiost for tbe negligent killing of J. M. Burns, fireman on defendant’s train, tried before RobinsonJ., at July Term, 1899, of BaNdolph Superior Court. Tbe complaint charged negligence; the answer denied negligence, and pleaded contributory negligence on part of plaintiff. Issues. 1. Was the death of the intestate caused by the negligence of defendant? Answer. “Tes.” 2. Did the plaintiff’s intestate by his negligence contribute to the injuries causing his death ? Answer. “Yes.” 3., Could the defendant by the exercise of reasonable care have avoided the injury notwithstanding the…
1Opinion of the CourtMontgomery, J.
This is an action begun by the'plaintiff to recover of the defendant company damages for the alleged negligent killing of her husband.
The jury found that the plaintiff contributed to his own injury, but in response to the third issue, “Could the defendant by the exercise of reasonable care have avoided the injury notwithstanding the contributory negligence of the intestate,” answered, “'Yes;” and for their answer to the fourth issue said that the plaintiff was entitled to recover $1,011.
The case is before us on exceptions by the plaintiff:
1. Because the Court did not set aside the verdict on…
2Cases cited4 opinions
- Wallace v. Western N. C. RailroadSupreme Court of North Carolina · 1889
- Jeremiah M. Kesler v. . William A. SmithSupreme Court of North Carolina · 1872
- Benton v. North Carolina RailroadSupreme Court of North Carolina · 1898
- Burton v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1880
3Cited by11 opinions
- Lamm v. LorbacherSupreme Court of North Carolina · 1952
- Journigan v. Little River Ice Co.Supreme Court of North Carolina · 1951
- Hyatt v. . McCoySupreme Court of North Carolina · 1927
- Eaves Ex Rel. Eaves v. CoxeSupreme Court of North Carolina · 1932
- Hinton v. ClineSupreme Court of North Carolina · 1953
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