Supreme Court of North Carolina, 1908

Smithwick v. Seaboard Air Line Railway Co.

Smithwick v. Seaboard Air Line Railway Co.
Supreme Court of North Carolina · Decided December 22, 1908 · PER CURIAM:
63 S.E. 1134; 150 N.C. 39; 1908 N.C. LEXIS 128 (South Eastern Reporter)

Smithwick v. Seaboard Air Line Railway Co.

Opinion of the Court

Per Curiam:

The evidence tends to prove that the plaintiff was seriously injured in an accident caused by the train of defendant running beyond the end of the track at the Louisburg station.

The negligence of the defendant was properly admitted. There was no issue as to contributory negligence submitted, and the several assignments of error relate to the instructions of the court upon the issue of damage.

Upon examination we found no substantial error committed by the judge below, and there is- nothing disclosed by the record which we think necessitates a new trial.

No Error.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.