Legal Opinion

Dillon v. City of Raleigh

Supreme Court of North Carolina

Decided March 21, 1899PublishedCited by 28 opinions

Civil ActioN to recover damages for personal injury in consequence of a collision with, an obstruction in a public street in Raleigh, tried before Bryan, J., at October Term, 1898, of Wake Superior Court. His Honor charged the jury that if they believed the evi-den.ce, tbe plaintiff was entitled to recover from the defendant, the City of Raleigh. Defendant excepted. Verdict and judgment for plaintiff. Defendant appealed.

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Civil ActioN to recover damages for personal injury in consequence of a collision with, an obstruction in a public street in Raleigh, tried before Bryan, J., at October Term, 1898, of Wake Superior Court. His Honor charged the jury that if they believed the evi-den.ce, tbe plaintiff was entitled to recover from the defendant, the City of Raleigh. Defendant excepted. Verdict and judgment for plaintiff. Defendant appealed. The nature of the obstruction and the circumstances of the cases are fully stated in the opinion of the Chief Justice.

1Opinion of the Court

Eaiecloth, O. J.

This action is based on the alleged omission of duty on the part of the defendant in failing to keep its streets in repair and removing obstructions therefrom, in consequence of which the plaintiff sustained personal injuries. There is practically no disagreement as to the facts.

Many years ago the city was duly organized as a municipal corporation, with proper municipal officers, and it was laid out in squares and streets, and has so continued to the present time. One of its principal streets leads from the capitol building southward to the corporate limits, and there connects…

2Cases cited4 opinions

  1. Ring v. . City of CohoesNew York Court of Appeals · 1879
  2. Bunch v. Town of EdentonSupreme Court of North Carolina · 1884
  3. Russell v. Town of MonroeSupreme Court of North Carolina · 1895
  4. Township of West Mahanoy v. WatsonSupreme Court of Pennsylvania · 1886

3Cited by28 opinions

  1. Hayes v. City of WilmingtonSupreme Court of North Carolina · 1956
  2. Hunsucker v. High Point Bending & Chair Co.Supreme Court of North Carolina · 1953
  3. Clark v. Patapsco Guano Co.Supreme Court of North Carolina · 1907
  4. Guthrie v. City of DurhamSupreme Court of North Carolina · 1915
  5. Edwards v. HamillSupreme Court of North Carolina · 1964

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