Shepard v. Norfolk & Southern Railroad
Supreme Court of North Carolina
Appeal by plaintiff from Ferguson, J., at March Term, 1914, of ChowaN. Civil action to recover damages for injury to plaintiff’s automobile.
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Appeal by plaintiff from Ferguson, J., at March Term, 1914, of ChowaN. Civil action to recover damages for injury to plaintiff’s automobile. Plaintiff, a witness in bis own behalf, on his examination in chief testified, in substance, as follows: “That" on 18 March, 1913, he had attended church in Edenton, and. was returning to his home, about 7 miles below and to the east of Edenton, in his automobile, about 10 :30 o’clock p. m., with his wife and son and two guests; that this was the only route from Edenton to his home, and was greatly used by the people going from Edenton below town; that…
1Opinion of the Court
Hoke, J.,
after stating tbe case: In Cooper v. R. R., 140 N. C., 209, tbe Court laid down certain rules as to tbe conduct of travelers approacbing a railroad crossing, in terms as follows:.
“A traveler on tbe highway, before crossing a railroad track, as a general rule, is required to look and listen to ascertain whether a train is approacbing; and tbe mere omission of tbe trainmen to give tbe ordinary or statutory signals will not relieve him of this duty.
“5. Where tbe view is unobstructed, a traveler who attempts to cross a railroad track under ordinary and usual conditions without first…
2Cases cited7 opinions
- Johnson v. . R. R.Supreme Court of North Carolina · 1913
- Cooper v. RailroadSupreme Court of North Carolina · 1905
- Judson v. . Central Vermont R.R. Co.New York Court of Appeals · 1899
- Fann v. . R. R.Supreme Court of North Carolina · 1911
- Farris v. Southern Railway Co.Supreme Court of North Carolina · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Eller v. North Carolina RailroadSupreme Court of North Carolina · 1931
- Fann v. . R. R.Supreme Court of North Carolina · 1911
- Johnson Sons, Inc. v. . R. R.Supreme Court of North Carolina · 1938
- City of Elkins v. Western Maryland Railway Co.West Virginia Supreme Court · 1915
- Perry v. . R. R.Supreme Court of North Carolina · 1920
27 more not listed; retrieve them via the Exa API.