Penny v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal from Garter, J., at September Term, 1912, of New Hanover. Civil action. These issues were submitted to the jury: 1. Was the defendant guilty of negligence in respect to the conduct of the conductor, Garmon, which was a proximate cause of the plaintiff’s injury, as alleged in the complaint? Answer: Yes. 2. Was the defendant guilty of negligence in respect of the conduct of Van Amringe, the.baggage master, which was a proximate cause of the plaintiff’s injury, as…
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Appeal from Garter, J., at September Term, 1912, of New Hanover. Civil action. These issues were submitted to the jury: 1. Was the defendant guilty of negligence in respect to the conduct of the conductor, Garmon, which was a proximate cause of the plaintiff’s injury, as alleged in the complaint? Answer: Yes. 2. Was the defendant guilty of negligence in respect of the conduct of Van Amringe, the.baggage master, which was a proximate cause of the plaintiff’s injury, as alleged in the complaint ? Answer:. 3. Did the plaintiff, by his own negligence, contribute to his own injury, as alleged in…
1ConcurrenceHoke, J.
J., dissenting. These issues were submitted to the jury:
1. Was the defendant guilty of negligence in respect to the conduct of the conductor, Carmon, which was a proximate cause of the plaintiff's injury, as alleged in the complaint? Answer: Yes.
2. Was the defendant guilty of negligence in respect of the conduct of Van Amringe, the baggage master, which was a proximate cause of the plaintiff's injury, as alleged in the complaint? Answer: . . . . .
3. Did the plaintiff, by his own negligence, contribute to his own injury, as alleged in the answer? Answer: No.
4. What damage, if any, is plaintiff…
2Cases cited13 opinions
- Washington & Georgetown Railroad v. Harmon's AdministratorSupreme Court of the United States · 1893
- Western & Atlantic Railroad v. YoungSupreme Court of Georgia · 1888
- Illinois Central Railroad v. ReadIllinois Supreme Court · 1865
- Ide v. Boston & Maine RailroadSupreme Court of Vermont · 1909
- Ratteree v. ChapmanSupreme Court of Georgia · 1887
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3Cited by11 opinions
- Hayes v. City of WilmingtonSupreme Court of North Carolina · 1956
- Parker v. Brinson Construction CompanySupreme Court of Florida · 1955
- Thompson Towing & Wrecking Ass'n v. McGregorCourt of Appeals for the Sixth Circuit · 1913
- Western & Atlantic Railroad v. JarrettCourt of Appeals of Georgia · 1918
- Jackson Grain Co. v. HoskinsSupreme Court of Florida · 1954
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